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COPYRIGHT DEPOSIT 



PAUL'S PARLIAMENTARY LAW 

AND THE 

LARGE DIAGRAM OF MOTIONS 

FOR USE IN SCHOOLS AND CLUBS 

MAY BE OBTAINED BY ADDRESSING 

MRS. NANETTE B. PAUL 
1 66 1 Park Road N. W., Washington, D.C. 

and enclosing One Dollar for the book and Two 
Dollars for the diagram. Postage on the book 
will be prepaid; the diagram will be sent by 
express at the expense of the purchaser. 



Parliamentary Law 

WITH FORMS AND DIAGRAM 
OF MOTIONS 



BY 

NANETTE B. PAUL 




IU3«ARYof C'J- 
Iwo C#Dies Hrte— 
MAY 27 1908 

*" cor* *J« 



J 






Copyright, A.D. 1908, 

BY 

NANETTE B. PAUL 



TO MY HUSBAND 

SDatuei JJatti 

WHOSE KEEN INSIGHT AND PRACTICAL 
KNOWLEDGE HAS BEEN A SOURCE OF INSPIRA- 
TION IN THE PREPARATION OF THIS BOOK 



"The want of a work which will give elemen- 
tary details has long been felt. Manuals stop far 
short." Colfax. 

"A beginner does not know the simple things, 
and needs them most. If the student has once 
fixed in his mind the idea that parliamentary law 
is not a series of arbitrary rules — but a plain, con- 
sistent system, founded on common sense, and 
sanctioned by the experience of mankind — he will 
have gone far toward understanding it." 

Thomas B. Reed. 



TABLE OF CONTENTS. 

PAGE 

Explanation of Diagram 8 

Diagram of Motions 9 

Introduction 13 

Chapter I — Classes of Motions and Forms 17 

Parliamentary Law, Definition 19 

Common and Special 19 

Four Classes of Motions 20 

Four Forms 22 

Chapter II — Subsidiary Motions 31 

Indefinite Postponement 32 

Amendments 34 

Amendment to the Amendment 46 

Chapter III — Subsidiary Motions, Continued 53 

Committees : 53 

Reports of Committees 59 

Committee of the Whole 71 

Committee of the Whole on State of Union. . . 74 

Informal Consideration 75 

Chapter IV — Other Subsidiaries 77 

Definite Postponement 77 

Previous Question 80 

Lay on the Table 88 

v 



vi Table of Contents. 

PAGE 

Chapter V — Incidental Motions 96 

Suspension of the Rules 97 

Withdrawal of Motion 99 

Division of Motion 100 

Reading Papers 103 

Objection to Consideration 104 

Points of Order 107 

Appeal from Decision of Chair 108 

Chapter VI — Privileged Motions 114 

Orders of the Day 115 

Questions of Privilege 120 

To Take Recess [25 

To Adjourn 126 

To Fix Time and Place to Adjourn 129 

Chapter VII — Miscellaneous Motions T32 

Ratify a Motion 132 

Rescind a Motion 133 

Close Nominations 1 35 

Take up out of" Order 136 

To Renew a Motion [38 

Reconsideration 141 

Parliamentary Inquiries . . .\ U9 

Chapter VIII— Voting 151 

Silent Assent 1 55 

By Voice 150 

Yea and Nay 160 

Ballot 163 

Ballot Cast by Secretary 163 

Voting by Proxy 166 

Casting Vote i(>7 



Table of Contents. vii 

PAGE 

Chapter IX — Organization 170 

Double, Dual 173 

Temporary 174 

Permanent 180 

Convention 187 

Chapter X — Constitution and By-Laws 191 

Incorporated Bodies 192 

Essentials of Constitution 193 

Essentials of By-Laws 194 

Standing Rules 195 

Model Constitution 197 

Model By-Laws 199 

Order of Business 204 

Chapter XI — Nominations, Election and Duties of 

Officers 206 

Election by Motion 208 

Duties of President 217 

Recording" Secretary 221 

Treasurer 228 

Chapter XII — Debate and Decorum 233 

Speaking by Sufferance 236 

Decorum in Debate 241 

Rights of the Assembly 244 

Call of the House 245- 

Review Questions 247' 



3. 



EXPLANATION OF THE 
DIAGRAM 

Parliamentary procedure is built up on the 
Main Motion. It is for the consideration of this 
main proposition that the Assembly came into be- 
ing. It constitutes the first class, and the other 
three classes of motions furnish the means for 
making and keeping the way clear for the favor- 
able disposition of this principal motion. 

Therefore the motions, and the four classes into 
which they are divided, may be represented by 
the figure of one side of a pyramid. 

While the main motion is the most important, 
still it gives way to every other motion that is 
presented after it, and is, therefore, said to be of 
the lowest value. It forms the base of the pyra- 
mid, upon which the other motions are placed 
according to their value, or in the order in which 
they may be made. The large type shows the 
four classes of motions arranged according to 
their relative value. The white spaces indicate 
the motions which may be debated after having 
been properly presented and stated by the chair. 
8 






<*■ 



DIAGRAM of PARLIAMENTARY MOTIONS 



PRIVILEGED 




MOTIONS 



INCIDENTAL 



QUESnONSorPRMLEGEA ^^ "^ 



CALL for ORDERS of the DA 
POINTS of ORDER 



vfcJKBags 



#/ 



* the OBJECTION 



to READ PAPERS 

tdDIVIDEA motion 

to WITHDRAW a MOTION 

to SUSPEND the RULES 

"to LAY on the TABLE 

the PREVIOUS QUESTION 



to POSTPONED DEFINITE TIME 
to REFER to a COMMITTEE 



©POSTPONE INDEFINITELY 



ft 



to AMENDtheAMENDMENT 



AMENDMENT 



MAIN or PRINCIPAL MOTION 



' WHITE SPACES DEBATABLE MOTIONS 

* BUCK SPACES UN DEBATABLE MOTIONS. 



* MOTIONS REQUIRING TWO THIRDS VOTE 

Cop/right 1907 by Nanette B.PauL 



Parliamentary Lazv. 



The black spaces indicate those motions which 
are not open to discussion. The stars show those 
motions requiring a two-thirds vote for adoption. 

The motions to "postpone indefinitely" and the 
"amendments" are of the same value, and are, 
therefore, put in the same space. 

Each motion on the Diagram, when pending, 
must give way to any one above it, until the latter 
is disposed of; a motion below the one pending 
would not be in order, because lower in rank. If 
the student fixes the picture of this chart in his 
mind so clearly that he can see every motion on 
it, then he will always know if a motion is in 
order or not as soon as it is made ; also whether 
it is debatable, and if it requires more than a 
majority vote. 

To illustrate : Suppose a motion that we give 
fifty dollars to the school library (which is a 
main motion) had been made and stated by the 
chair. 

A motion to refer it to a committee was also 
pending, when some one moved to lay the ques- 
tion on the table. 

By recalling the picture of the chart it is seen 
that the motion to lay on the table is in order, 
because it stands above both the main motion and 
the motion to refer to a committee; also that it 
is not debatable, while the main motion and the 
motion to commit may both be debated. 



Explanation of the Diagram. 



Should some one move to adjourn while all 
three of the above motions are pending, one would 
know from the picture that the motion to adjourn 
was in order, because it is higher on the diagram ; 
also that it is in a black space, and therefore may 
not be debated. 

Every motion must step aside and wait until 
all others above it which have been made are acted 
upon. 

This diagram has been published in large size, 
to hang on the wall, for use in schools and clubs. 



INTRODUCTION. 

Parliamentary Law has long been looked 
upon as a useful science by the few who have 
been able to make a study of its principles, but 
it is only in recent years that the great body of 
people has become awakened to the importance 
and necessity of acquiring a knowledge of those 
principles and of the method of applying them. 

One of the most distinguishing characteristics 
of the present age is the tendency to organiza- 
tion. There are not only the numerous legisla- 
tive assemblies common to all democracies, but 
every profession, art, trade, the men from the 
mills and fields, the women in the home, the stu- 
dents in the schools — all are organizing, either 
for the purpose of promoting their interests, for 
enlarging their knowledge, or for protecting their 
rights. 

Whatever may be the dignity and influence of 
the organization, whether a world's congress, or 
a school-boy's club, a national convention, or a 
woman's sewing society, the object pecuniary 
profit, instruction, or pleasure, the custom or law 
by which they are governed is the same. They 
must all recognize and conform to the few great 
13 



14 Parliamentary Law. 

fundamental principles upon which this proce- 
dure is based. These are : 

First : Equality of membership ; that is, each 
member in an organized body has an equal right 
to present motions, to take part in debate, to ob- 
tain recognition from the chair, and to be protect- 
ed from personalities and favoritism. 

Second: The personality of every member is 
merged into the larger unit of the organization. 
He is known as the member who spoke last, not 
as Mr. Jones or Mr. Smith. 

Propositions are more important than person- 
alities. 

Third : Every proposition presented for con- 
sideration carries with it the right to full and free 
debate. 

Fourth : The will of the majority must govern. 

Fifth : But one thing may be before the assem- 
bly at a time. 

These principles have been evolved by the ex- 
perience of centuries, and the knowledge of them, 
and of the method of applying them, is both de- 
sirable and essential to all who desire to take an 
efficient part in the numerous organizations of 
the present time. This knowledge, heretofore, 
has been difficult of attainment ; there have been 
very few instructors ; and while there are a num- 
ber of complete treatises, it has not yet been put 
in the simple form required for beginners. 



Introduction. 15 



The large majority of organizations to-day are 
composed of working men and women, who have 
not had the mental training that would enable 
them to comprehend the subject as it is set forth 
in the more or less philosophical manuals. It is 
for these, and the young students in our schools 
and colleges, that this very elementary work has 
been prepared. 

The author has found in her experience as in- 
structor, both of the young student and the well- 
educated man and woman, a real need and an 
earnest desire for a simpler presentation of this 
puzzling, rather than difficult, subject. 

She has been repeatedly urged to put her meth- 
od of teaching into permanent form, and this lit- 
tle text-book is the response to that request. 

She desires to acknowledge her indebtedness 
to Jefferson's Manual of Parliamentary Practice, 
Barclay's Digest of Rules of Congress, Cushing's 
Manual, Roberts' Rules of Order, Waples' Hand- 
book of Parliamentary Practice, Reed's Rules, 
Stevens' Law of American Assemblies, and lastly 
to Mrs. John F. Lewis, the pioneer of the method 
of teaching Parliamentary Law with a Diagram 
of Motions, and from whom the Author received 
the impulse to master the subject, and to help oth- 
ers to a working knowledge of the same. 

Nanette B-. Paul. 

Washington, D. C, February, 1908. 



CHAPTER I. 
CLASSES OF MOTIONS AND FORMS. 



"Parliamentary Law is no longer vague and 
uncertain. It is now a branch of the common 
law, and as well settled as any other. It may be 
known and determined beforehand, with facility 
and certainty." Luther S. Cushing. 



Ever since Civilized Man has come together in 
meetings, large or small, to consider the needs 
of his material welfare, or to promote the growth 
of his mental and spiritual being, some form of 
government, or method of orderly procedure, has 
been necessary, that the business in hand may be 
facilitated, and the members may have equal 
rights and equal protection. 

A body of rules for this purpose has been in 
existence for many generations, and among Eng- 
lish-speaking peoples it is known by the name of 
Parliamentary Law, or the Law of the English 
Parliament. When our country was settled by 
17 



J 8 Parliamentary Law. 



the English people, they brought that system of 
law with them, and adapted it to the exigencies 
of their new home. It became the foundation of 
our present Parliamentary Procedure, altho we 
do not now go back that far for all our authority. 
Thomas Jefferson first arranged a code adapt- 
ed to the need of our National House of Repre- 
sentatives, and Jefferson's Manual is still the ulti- 
mate authority for legislative assemblies. Since 
then, however, there have been various treatises 
published to meet the growing demand for such 
knowledge, as arranged and adapted to the re- 
quirements of voluntary societies, clubs, etc. 

As our Civil, so our Parliamentary Law is di- 
vided into two classes, Common and Special. 

The first contains the general principles ; what 
motions can be made; the order in which they 
may be introduced ; which are debatable ; what the 
effect, and so forth ; while the latter is composed 
of those special rules adopted by each society 
as specially suited to its individual needs. 

The practice of our National House of Repre- 
sentatives has the same authority in this country 
as the usage of the House of Commons has in 
England, in establishing the general principles of 
the common parliamentary law ; but the matters 
of detail must be left to the various societies, leg- 
islative, religious, scientific, or literary, to arrange 
for themselves. Therefore, we find that the prac- 



Classes of Motions and Forms. 19 

tice of the Senate differs from that of the House 
of Representatives, and both vary in some par- 
ticulars from the State Legislative Assemblies;, 
while voluntary societies find many of these rules 
cumbersome, or inadequate to the expression of 
their sense or judgment. 

Parliamentary Law. 

Parliamentary Law may then be defined as the 
science relating to the government of Legislative 
and Deliberative assemblies. 

It is of two kinds, Common and Special. 

Common Parliamentary Law is that usage and 
practice which is of universal application. 

Special Parliamentary Law consists of rules 
adopted by a particular body and recognized by 
that body alone. 

Special rules are of higher authority than the 
general law, and in case of conflict supersede the 
latter. 

In practice, parliamentary law is applied by 
means of motions. 

Motions. 

A motion is the statement of a proposition for 
the consideration and action of the assembly. 
They are divided into four classes : 



v 



Parliamentary Law. 



Main or Principal, Subsidiary, Incidental, and 
Privileged. 

Main Motion. 

A Main Motion is an original proposition sub- 
mitted by a member for action by the assembly. 

While this is pending, or until it has been 
adopted, rejected, or otherwise disposed of, no 
other main motion may be introduced. 

It is of the lowest value, and yields to all other 
motions. But it may have been stated in such 
a form that the assembly would not wish to vote 
either yes or no; the members may want to 
change its form or significance, by amending or 
modifying it ; may think it should be put into the 
hands of a committee for more careful consid- 
eration than the assembly itself could give it; 
may desire more time, and, therefore, wish to 
postpone the whole question until the next meet- 
ing, or may not want to consider it at all. Such 
emergencies are met by the second class of mo- 
tions. 

Subsidiary Motions. 

Subsidiary, or Secondary Motions, are such as 
may be applied to other motions for more readily 
disposing of them. They take precedence, that 
is, they must be decided before the principal mo- 
tion or question to which they are applied is 
acted upon. 



Classes of Motions and Forms. 21 

They yield, however, as seen by the chart, to 
the two higher classes, Incidental and Privileged. 

Incidental Motions. 

While a main motion is pending, a member 
may wish to read, or have read, before the as- 
sembly some paper or papers which have a bear- 
ing upon the subject matter; the motion may 
have contained two or more clauses, any one of 
which would make a complete motion more easily 
disposed of than while in the original form; the 
mover may wish to withdraw it altogether; the 
assembly may deem it wise to suspend the rules 
for a fuller consideration of the subject; or, some 
breach of order may have occurred which de- 
mands immediate attention. 

These needs are all supplied by the third class, 
the Incidental Motions. 

They are such as arise out of other questions, 
and must be decided before the motions from 
. which they spring are acted upon. 

They have no relative value among themselves, 
but all yield to the last and highest class, the 
Privileged Motions. 

Privileged Motions. 

This last class represents those motions which, 
from their importance, are entitled to take the 



Parliamentary Law. 



place o£ any other subject or proposition under 
consideration, until they can be decided by the 
assembly. This importance may come from some 
question relating to the rights or privileges of the 
assembly, or of its individual members ; from the 
necessity of proceeding immediately to the pro- 
gram of the day, as prearranged; or, it may be 
due to the importance given to the particular mo- 
tion as a matter of convenience, as, for instance, 
the motion to adjourn. 

Forms. 

In every assembly, society, or club, whatever 
its origin or purpose, all business transacted, or 
propositions considered, must come before it in 
the form of motions. A mere suggestion, or a 
statement, that "I think so and so," has no value, 
and cannot claim the serious attention of the 
assembly. 

A certain correct form is essential to give the 
matter importance, force, and dignity. 

There are four stages through which all busi- 
ness must pass, in order that the members may 
know exactly what has been, or is being, accom- 
plished. A member who understands how to 
present correctly a motion from the floor, need 
never hesitate to participate in the ordinary work 
of the society; and a presiding officer who can 



Classes of Motions and Forms. 23 

state a question correctly, put it to vote in a 
proper manner, and announce the result of such 
vote, clearly and accurately, will always be able 
to control the assembly, and will receive the credit 
of knowing a great deal about parliamentary law. 

These forms vary slightly, but if one learns 
those that are brief, clear, comprehensive, and 
dignified, he will find them equal to all occasions ; 
should he then desire to change them, he will be 
able to do so without running so great a risk of 
making mistakes. 

These four steps are : 

First : To present a motion from the floor. 

Second : To state the motion by the presiding 
officer. 

Third : To put the question to vote. 

Fourth : To announce the result. 

To Present a Motion. 

In order to present a motion, the member must 
rise in his place, address the chair, as Mr. Presi- 
dent, Mr. Chairman, or by whatever title the pre- 
siding officer is known in that particular society, 
then wait for recognition by him. 

This is called obtaining the floor, and usually 
no one has a right to take part in debate, present 
a motion, or be heard in any manner, until he has 
been recognized by the chairman. When he has 



24 Parliamentary Law. 

thus secured the privilege of speaking, he may not 
then be interrupted by the president, or any other 
member, so long as he does not violate the rules 
of order of the society, except in a few instances, 
which will be explained later. 

He will then present his motion as follows: 

"Mr. President : I move that we organize a 
club for the study of birds." 

If this motion is not seconded the president 
need not state it, although he may do so, and in 
matters of routine business he does not usually 
wait for a second. 

A motion, however, has no force until sec- 
onded ; this is usually done by one or more mem- 
bers, from their seats, as it is not necessary to 
secure recognition from the chair for this pur- 
pose. 

Until it is seconded, the mover may modify it as 
he chooses, or may withdraw it altogether. After 
it is seconded, however, it belongs to the mover, 
and the member making the second, and can be 
withdrawn only with the consent of the latter. 
He can withdraw his second, should the mover 
change the motion in a material way. 

To State a Motion. 

The presiding officer then states it in the fol- 
lowing manner : "It has been moved and second- 



Classes of Motions and Forms. 25 

ed that we organize a club for the study of birds ; 
are you ready for the question?" 

That is, are you ready to vote on the question 
at once ? do you wish to debate it ? or do you wish 
to dispose of it in some other manner? 

After a motion has been thus stated by the 
chair, it becomes the property of the assembly. 
The mover and second have no more right to it 
than any other two members, and it cannot be 
withdrawn except by a formal vote of the society ; 
neither can it be disposed of in any manner, ex- 
cept as provided by parliamentary procedure. 

The president may state a motion while sitting, 
but it is always better, especially in a large hall, 
where there are many members present, for him 
to stand while doing so. 

To Put the Question to Vote. 

After every member has had an opportunity 
of discussing or speaking to the question, for 
every main motion is debatable, the third step 
is taken when the chairman puts it to vote, thus : 

"The question is on the adoption of the motion, 
that we organize a club for the study of birds; 
all in favor say aye." When the vote is taken, 
he adds : "All opposed say no." 

While the chair may sit to state a motion, the 
universal custom is for him to stand when putting 
the question to vote. 



26 Parliamentary Law. 



To Announce the Result. 

After the vote is taken, the result should be 
announced, clearly and distinctly, by the chair. 

This is the fourth and last step, but by no means 
the least important. In many societies confusion 
arises because of the neglect of the presiding 
officer to make known the result of the vote in a 
voice which can be heard in all parts of the room. 

Mistakes have been made in the record, and 
much trouble caused, by neglecting this important 
detail in the conduct of business. 

The form is simple : "The ayes have it. and 
the motion is adopted" ; or 

"The noes have it, and the motion is lost." 

While the motion is pending, it is known as 
The Question. 

When it embraces a command of the society 
for doing something, paying the gas bill, for in- 
stance, it is called an Order. 

The whole form then is as follows : 

"Air. President: I move that we organize a 
club for the study of birds." 

Another member seconds it. 

"It has been moved, and seconded, 'That we 
organize a club for the study of birds.' Are you 
ready for the question?" 

"The question is on the adoption of the motion, 



Classes of Motions and Forms. 



27 



'That we organize a club for the study of birds.' 
All in favor say aye." 

"All opposed say no." 

"The ayes have it, and the motion is adopted" ; 
or, "The noes have it, and the motion is lost." 



Motion or Resolution. 

There is no practical difference between a mo- 
tion and a resolution, except that the latter is 
more formal, and, under certain circumstances, 
better expresses the sense of the society. When 
this form is used it should be preceded by the 
word Resolve. 

A member would introduce a resolution in the 
following words : "Air. President, I move the 
adoption of the following resolution : Resolved, 
That we extend the thanks of this society to Mr. 
Blank for his generous donation of five hundred 
dollars toward our new club-house." 

The main motion or resolution should always 
be in writing, if at all long or involved ; and, in- 
deed, the secretary should take down every mo- 
tion as soon as made. In this way only can con- 
fusion and misunderstandings be avoided. 

Either the chair, or any member, may require 
an original proposition to be reduced to writing. 



Parliamentary Lazv. 



One Thing at a Time. 

One universal rule of parliamentary procedure, 
and one which insures the orderly conduct of 
business and the complete comprehension of the 
subject under consideration, is that there must 
be but one thing before the house at a time. 

When one main motion has been properly pre- 
sented, seconded, and stated by the chair, any 
other main motion, regardless of its importance, 
is out of order until the first has been properly 
disposed of. The yielding of a main motion to 
those of a higher class, when they are in order, 
is only a temporary suspension, and as soon as 
they are acted upon the main motion resumes its 
place, unless the adoption of a subsidiary motion 
permanently removes it, as in the case of refer- 
ring the subject to a committee. 

But while such subsidiary, or privileged mo- 
tion is pending, the- rule of "one thing at a time" 
still obtains, for there should be no consideration 
of the main motion until the motion last intro- 
duced has been acted upon. 

Equality of Membership. 

Another fundamental rule of parliamentary law- 
is to the effect that all members of an organized 
body are of equal standing and have equal rights. 



Classes of Motions and Forms. 29 

This means that each one has the same right 
to present motions, to speak to all debatable ques- 
tions until his privileges are exhausted, and to 
take part in any action which becomes necessary 
for the transaction of business. 

The presiding officer should be impartial, and 
recognize the member who first rises and ad- 
dresses the chair. If two rise at the same time, 
he must decide fairly between them, but his de- 
cision is open to an appeal, and liable to a re- 
versal by vote of the assembly. 



Propositions. 

Parliamentary Law deals with propositions and 
principles, not with personalities. It has no place 
for favoritism of any kind. The personality of 
the members is merged into the unit of the organi- 
zation. 



Right to the Floor. 

A member who has risen, and remained stand- 
ing, while another member has been speaking, 
should not be recognized if another rises and ad- 
dresses the chair immediately upon the yielding 
of the floor by the speaker. 

There should be but one member on the floor 



30 Parliamentary Law. 

at a time ; when a member rises the presiding 
officer should sit down ; two members should not 
stand simultaneously, as but one has obtained pos- 
session of the floor. 



"To assist an assembly to accomplish its work, 

it is necessary to restrain the individual. Where 

there is no law, but every man does what is right 

in his own eyes, there is the least of real liberty." 

Henry M. Robert. 



Subsidiary Motions. 31 

CHAPTER II. 
SUBSIDIARY MOTIONS. 



"To become a parliamentarian, one must have 
a ready knowledge of motions, their rank, pur- 
pose, and effect. Any one who possesses it can 
preside over a deliberative body with ease and 
skill, or take part in the proceedings. " 

John L. Branch. 



The subsidiary motions are those used to ad- 
vance business by helping to dispose of the main 
motion, after it has been properly presented and 
stated. They have a certain precedence among 
themselves, and may be made in the order in 
which they are arranged in the diagram. They 
are : 

Indefinite Postponement, 

Amendment, 

Amendment to the Amendment, 

To Refer to a Committee, 

To Postpone to a Definite Time, 

The Previous Question. 

To Lav on the Table. 



32 Parliamentary Lazv. 



Indefinite Postponement. 

The Indefinite Postponement and the Amend- 
ments are of the same value ; that is, if the mo- 
tion to amend the main motion has been made, 
the motion to postpone the question indefinitely 
would not be in order ; or, if it had been moved to 
postpone the consideration of a question indefi- 
nitely, and the motion had been sconded, and 
stated by the chair, a motion to amend the origi- 
nal motion could not be then entertained. 

The motion to Postpone Indefinitely cannot 
be amended, but may be debated. It yields to 
all the Privileged Motions and to the Subsidiaries, 
except the Amendment, and the Amendment to 
the Amendment. Its purpose is to suppress the 
question entirely, and as every main motion, prop- 
erly presented, has the right of debate and of 
some final action, this motion, the object of which 
is to prevent such action, is not only debatable in 
itself, but also opens up the entire subject for 
discussion. 

It is applied only to the main motion, Ques- 
tions of Privilege, and the Appeal. 

It is in order any time after the main motion 
is stated. While it cannot be made when an 
amendment is pending, it may be made imme- 
diately after the amendment or amendments are 
either adopted or rejected. 



Subsidiary Motions. 



33 



If the motion to postpone indefinitely, when in 
order, prevails, then the original motion is moved 
from before the assembly for the entire session. 

Should the session consist of but one meeting, 
or of several, extending over several days, weeks, 
or months, as in the case of the U. S. Congress, 
the original motion may not be again introduced 
during that time. 

It is one of the motions whose object is to 
protect a society from the waste of time conse- 
quent upon the consideration of questions which 
are unnecessary, frivolous, likely to breed ill- 
feeling among the members, etc. 

It differs from the incidental motion, to object 
to the consideration of the question, in that it 
may be made after the main motion has been 
discussed and amended. 

After the main motion has been indefinitely 
postponed it can be brought in at the subsequent 
session only as new business ; that is, in the same 
manner as though it had never been under con- 
sideration at all. 



Form of Indefinite Postponement. 

The form of the motion is as follows : 
"Mr. President: I move to postpone the con- 
sideration of the motion, 'That we organize a club 
to study the habits of birds' indefinitely" ; or the 



34 Parliamentary Law. 

briefer one : "I move the indefinite postponement 
of the question." 

"It has been moved, and seconded, to indefinite- 
ly postpone the question. Are you ready for the 
question ?" 

"All in favor of postponing the question, 'That 
we organize a club to study the habits of birds' 
indefinitely, say aye." 

"All opposed say no." 

"The ayes have it, and the question is indefi- 
nitely postponed" ; or, "The noes have it, and the 
motion to postpone is lost. The question recurs to 
the original motion, 'That we organize a club for 
the study of the habits of birds.' Are you ready 
for the question?" 

Amendments. 

The motions to Amend the main motion, and 
to Amend the Amendment, are of the same value 
as the Indefinite Postponement, but yield to the 
other Subsidiary and Privileged Motions. They 
are always debatable, and the first is, of course, 
amendable. 

There are three methods of amending a mo- 
tion : 

By Addition. 

By Elimination. 

By Substitution. 

There is no limit to the number of amendments 



Subsidiary Motions. 35 

that may be made to the main motion, but only 
one may be considered at a time. An amend- 
ment to the amendment displaces the amendment 
to the main motion for the time being. After the 
secondary amendment, or the amendment to the 
amendment, is disposed of, the question recurs to 
the primary amendment, or the amendment to the 
main motion, which is still subject to new motions 
for its further amendment. 

All motions to modify or amend must be ger- 
mane; must have a bearing upon the subject un- 
der consideration, but they may be in direct con- 
flict with its spirit. 

Thus the resolution, "Resolved, That the pub- 
lic school exerts an elevating influence upon the 
morals of our young people," may be amended 
to read thus : 

"Resolved, That the public school exerts 2, de- 
basing influence upon the morals of our young 
people." 

This is, however, a perversion of the true pur- 
pose of the amendment, which is to aid and per- 
fect the antecedent proposition, and render its 
adoption more desirable. 

"No motion or proposition on a subject differ- 
ent from that under consideration shall be admit- 
ted under color of amendment." — Rule XVI, 7, 
U. S. House of Representatives. 

When the amendment proposed is of such a 



36 Parliamentary Lazv. 

nature as to make a new proposition, it should be 
ruled out of order for irrelevancy. The pending 
motion may not be supplanted by another motion 
in the form of an amendment; what cannot be 
done directly should not be done indirectly. An 
amendment, whether by addition or substitution, 
to be relevant, must be on the same subject-matter 
as the original motion, resolution, order, or bill. 

This gives sufficient scope for all the alteration 
that a motion will admit of, without changing its 
inherent significance. 

A resolution must always be presented in the 
affirmative form ; therefore, an amendment to in- 
sert the word "not," when proposed for the sole 
purpose of bringing the negative instead of the 
affirmative to vote first, should be ruled out of 
order. 

As a general principle, to be followed almost 
invariably, negative amendments are not permis- 
sible. But should a motion be presented in the 
negative form, an amendment to change it to the 
affirmative should immediately follow, and be 
adopted, in order to avoid confusion in the vote. 

While an unlimited number of amendments 
may be entertained, but one of the same degree 
can be pending at the same time. So soon as it 
is voted upon, another may be made and consid- 
ered; and so on indefinitely, or until the motion 
answers the needs of the assembly. 



Subsidiary Motions. 



37 



Each amendment, when seconded, and stated 
by the chair, becomes a new question, upon which 
all members have a right to speak. The debate, 
however, should be confined to the amendment, 
as nearly as is practicable ; the one exception to 
this rule being in the case of an amendment by 
substitution, when both the amendment and the 
main motion are equally open to discussion. 

An amendment is in order immediately after 
the niotion to be modified has been stated by the 
chair, and until the negative vote has been taken 
upon it. 

Amendment by Addition. 

A motion is amended by Addition whenever 
words, phrases, sentences, or whole sections, are 
added or inserted. Such additions should be care- 
fully prepared before offered, as when they are 
once adopted, and incorporated into the main mo- 
tion, they cannot then be changed, except by a 
motion to reconsider the vote by which they were 
adopted. The motion to reconsider must be made 
at the meeting at which the amendment was 
adopted, or at the next succeeding meeting ; and 
then only when no action has been taken by the 
society because of the adoption of such amend- 
ment. 

The words added or inserted must be consecu- 
tive. 



38 Parliamentary Law. 



Form of Amendment. 

The form of an amendment by addition is as 
follows : 

"Mr. President : I move to amend the motion, 
'That we organize a club to study the habits of 
birds/ by adding the words, 'in the District of 
Columbia.' " 

When seconded, the chair states it thus : 

"It has been moved and seconded to amend the 
motion, 'That we organize a club to study the 
habits of birds,' by adding the words, 'in the Dis- 
trict of Columbia' ; are you ready for the ques- 
tion?" 

There are now two motions pending, but they 
do not violate the rule for one thing at a time, be- 
cause the amendment is one degree higher in 
value than the main motion (see the chart), and, 
therefore, is the only question immediately before 
the assembly. 

The main motion is in abeyance until the 
amendment is disposed of. 

When there has been full and free discussion of 
the amendment, the chair puts it to vote in the 
following words : 

"The question is on the adoption of the amend- 
ment, that the words 'in the District of Columbia' 
be added to the motion 'That we organize a club 
to study the habits of birds.' 



Subsidiary Motions. 39 

"All in favor say aye." The members in favor 
vote "aye." 

"All opposed say no." Those not wanting to 
limit it to the District of Columbia, vote "no." The 
result is then announced. If the majority vote 
for it, the chair says, so it can be heard in all 
parts of the hall : 

"The ayes have it, and the amendment is adop- 
ted. The question now recurs, that is, returns to 
the motion as amended, 'Resolved, That we or- 
ganize a club to study the habits of the birds of 
the District of Columbia.' Are you ready for the 
question ?" 

In referring to the chart, it will be seen that 
there was, first, one motion, the main motion, but 
it was of the lowest value, and, therefore, must 
yield, for the time being, to any other motion 
which stands above it. The amendment is but 
one line above, but that indicates its power to 
displace the main motion, until it is adopted or 
rejected. By adopting it, it became a part of, 
and was incorporated into, the main motion. 

Now it will be readily seen that there is but one 
question again — the main motion, as modified or 
altered, by the adoption of the amendment — 
which is open to further discussion, and the ap- 
plication of other amendments, if desired. 

Or, suppose the majority of the society did not 
wish the limitation of the study to the District 



40 Parliamentary Law. 

of Columbia, but wanted to study the habits of 
all birds, wherever found, and, instead of voting 
aye, or yes, gave their vote in the negative. Then 
the result would have been : 

"The noes have it, and the amendment is lost. 
The question recurs to the original motion, 'That 
we organize a club for the study of the habits of 
birds.' Are you ready for the question?" 

The question now, is in the same condition as 
before the amendment was proposed and acted 
upon. It has not been in any way affected by the 
delay. Further debate, and other amendments, 
if any are needed to perfect it, are again in order. 

Amendment by Elimination. 

The second method of amending is by Elimina- 
tion, or striking out. Suppose the original main 
motion had been : "Resolved, That we organize 
a club to study the habits of animals and birds." 
Some member would surely think that too large 
a subject, and would propose an amendment to 
strike out a part of it. He could present his amend- 
ment in this way: "Mr. President: I move to 
amend the motion, 'That we organize a club to 
study the habits of animals and birds,' by striking 
out the words 'animals and.' " After hearing a 
second, the chair would state it thus : 

"It has been moved, and seconded, to amend the 



Subsidiary Motions. 



4i 



motion, 'That we organize a club to study the 
habits of animals and birds,' by striking out the 
words 'animals and.' Are you ready for the ques- 
tion?" 

There are now two motions, the main motion, 
and the amendment. "When debate has been ex- 
hausted, he will put the amendment to vote thus : 

"The question is on the adoption of the motion 
to amend by striking out the words, 'animals 
and' " ; or ''The question is on the adoption of 
the amendment to the motion 'That we organize 
a club to study the habits of animals and birds,' 
by striking out the words 'animals and.' All in 
favor say aye." 

If a majority vote in favor, the result should 
be announced as follows : 

''The ayes have it, and the amendment is adop- 
ted. The question now recurs to the motion as 
amended, 'That we organize a club to study the 
habits of birds' ; are you ready for the question ?" 

The amendment has been brought down and 
made a part of the main motion, not by adding 
something to the latter, but by eliminating, strik- 
ing out, or taking away, a part of it. 

The main motion, as thus amended, is again 
before the assembly, ready for further discussion, 
amendment, or the application of any other sub- 
sidiary motion. 

Had the majority been in favor of making a 



42 Parliamentary Lazv. 

study of both birds and animals, in the prospective 
club, they would have voted against the amend- 
ment, and the result would have been expressed 
thus : 

"The noes have it, and the amendment to strike 
out the words 'animals and' is lost. The question 
recurs to the original motion, 'Resolved, That we 
organize a club to study the habits of animals 
and birds.' Are you ready for the question?" 

The main motion has been in no way affected 
by the rejected amendment, but resumes the place 
it occupied before the amendment was offered, 
and is open to any disposition that may suggest 
itself to the society. 

Amendment by Substitution. 

The third method of amendment is by Substi- 
tution ; that is, by striking out words, phrases, 
and paragraphs, and inserting other words, 
phiases, or paragraphs, in the places left vacant. 

Suppose, when the original motion, "That we 
organize a club to study the habits of birds," was 
under consideration, some of the members wanted 
such a club, and did not want to study the habits 
of birds, but preferred to study animals ; they 
could make their inclinations known, and secure 
a vote on them, by offering an amendment to sub- 
stitute animals for birds, in this way : 

"Air. President: I move to amend the motion, 



Subsidiary Motions. 43 

'That we organize a club to study the habits of 
birds,' by striking out the word 'birds' and in- 
serting the word 'animals.' " When seconded, the 
chair would state the amendment thus : 

"It has been moved, and seconded, to amend 
the motion, 'That we organize a club to study the 
habits of birds,' by striking out the word 'birds' 
and inserting the word 'animals.' Are you ready 
for the question?'' 

After sufficient time for discussion, which 
should be confined to the amendment — that is, 
which they wish to study most, animals, or birds 
— the amendment is put to vote thus : 

"The question is on the adoption of the amend- 
ment to the main motion, to strike out the word 
'birds,' and insert the word 'animals.' All in favor 
of the amendment say aye." 

"All opposed say no." 

If the majority vote in favor, the result is an- 
nounced thus : 

"The ayes have it, and the amendment is adop- 
ted. The question recurs to the motion as amend- 
ed, 'Resolved, That we organize a club for the 
study of animals.' Are you ready for the ques- 
tion ?" 

The motion to organize a club is still before the 
assembly, but its purpose has been changed by 
the adoption of the amendment by substitution, 
from the study of birds to the studv of animals. 



44 Parliamentary Law. 

If, however, the majority were not in favor of 
the amendment, and voted against its adoption, 
the result, as announced, would be : 

"The noes have it, and the amendment is re- 
jected, or lost. The question recurs to the origi- 
nal motion, 'Resolved, That we organize a club 
to study the habits of birds.' Are you ready for 
the question ? 

The subject is in the same condition, as regards 
amendment, debate, or the application of other 
subsidiary motions, as existed before the substi- 
tute amendment was proposed, and should be 
finally disposed of by formal vote. 

An Amendment by Substitution may involve 
the striking out everything after the word "Re- 
solved," and substituting an entire new proposi- 
tion, but such proposition must conform to the 
law of relevancy, and be on the same subject as 
the original motion. 

Suppose, when the motion, "Resolved, That we 
organize a club to study the habits of birds," was 
being considered, the point was made by some 
present that an organization, however simple, en- 
tailed certain responsibilities, duties, etc., which 
might become irksome; that they would enjoy 
such study as was proposed, but did not wish to 
become a member of any formal club, society, or 
organization ; a substitute amendment of this kind 
might embody their idea : 



Subsidiary Motions. 45 

"Mr. President: I move to amend the motion, 
'That we organize a club to study the habits of 
birds,' by striking out everything after the word 
'Resolved,' and substituting the following : 'That 
we ask Professor Blank to conduct a class in the 
study of birds, on such occasions as suit his con- 
venience, such class to be open to all interested 
in the subject' " 

When seconded, the chair would state it thus • 

"It has been moved and seconded to amend the 
motion, 'That we organize a club to study the 
habits of birds,' by striking out everything after 
the word 'Resolved,' and substituting the amend- 
ment just submitted" (reading it). "Are you 
ready for the question?" 

This is the one case where both amendment and 
main motion are open to discussion ; it would 
manifestly be impossible to separate them. After 
debate has been exhausted, he would put the 
amendment to vote thus : 

"The question is on the adoption of the sub- 
stitute amendment" (reading it). "All in favor 
say aye." 

"All opposed, no." 

If the ayes have it, he would say : "The sub- 
stitute amendment is adopted. The question re- 
curs to the motion as amended, 'Resolved, That 
we ask Professor Blank to conduct a class for the 
study of birds, on such occasions as suit his con- 



46 Parliamentary Laiv. 



venience, all persons interested admitted.' Are 
you ready for the question?" 

This may be debated, and further amended by 
addition; and when ready for voting, the chair 
puts it in the usual way. 

It is often difficult for students to see the need 
of the second vote on a substitute amendment. 
They say that adopting it disposes of the subject. 
It does not do so, however. 

The word "resolve" is what gives life to a mo- 
tion, and the vote on the amendment did not af- 
fect it, as it was expressly stated "to strike out 
everything after the word 'resolved.' " Hence the 
second vote is on the resolution as amended, al- 
though there was but the one word of the original 
motion not adopted. 

Since, however, it is the most important word, 
the second vote must be taken. 

Should a member desire to submit an amend- 
ment, but is not able to do so, because of one 
already pending, he may state his intention of 
doing so after the one before the assembly is 
acted upon. 

Amendment to the Amendment. 

The amendment in the second degree, or mo- 
tion to amend the amendment, by reference to 
the chart, is seen to be in the space above the 



Subsidiary Motions. 



47 



amendment to the main motion, indicating its 
higher value ; that is, that it will be in order while 
the latter is pending. 

This second amendment is subject to all of the 
foregoing rights and restrictions characterizing 
the amendment to the main motion, including the 
three methods of amending: Addition, Elimina- 
tion, and Substitution. 

It may be withdrawn by the mover before it is 
stated by the chair, or upon motion to withdraw, 
after having been stated, just as all other motions 
are withdrawn. When made, it takes precedence 
of the amendment and the main motion; that is, 
must be put to vote before they are voted upon ; 
but it must yield to all the other subsidiary and 
privileged motions above it. 

Only one may be pending at a time, although 
another may be offered as soon as that one is dis- 
posed of, and so on, indefinitely. 

The forms of the amendments should be thor- 
oughly mastered by the student, in order to keep 
the exact status of the question in mind. An 
illustration is given below, which should be used 
for practice until it is so well known that a mis- 
take would not be -possible in putting through a 
main motion and two amendments. 



Parliamentary Lazv. 



Form of Amendment to the Amendment. 

We will use our familiar motion, "Resolved. 
That we organize a club to study the habits of 
birds." An amendment is offered thus : 

"Air. President: I move to amend the motion 
by adding the words, 'in the District of Colum- 
bia.' " When seconded, the chair states it : 

"It has been moved, and seconded, to amend the 
motion, 'That we organize a club to study the 
habits of birds,' by adding the words, 'in the 
District of Columbia.' Are you ready for the 
question?" 

We have now two motions pending, the main 
motion, and the motion to amend it. They are 
both in order, for the reason that the first only 
is a main, or principal motion ; the second, as 
the diagram indicates, is of higher value ; there- 
fore, the first must yield to it for the time being, 
while the amendment must be displaced, in turn, 
by any motion above it. 

Suppose some one wishes to enlarge the field 
of study to the birds of Maryland ; he could bring 
his desires before the meeting, for consideration, 
by proposing the following amendment of the 
second degree : 

"Mr. President: I move to amend the amend- 
ment by adding the words, 'and Maryland,' so 
that, if adopted, the amendment will read, 'in the 



Subsidiary Motions. 



49 



District of Columbia and Maryland.' When sec- 
onded, it would be stated thus : 

"It has been moved, and seconded, to amend 
the amendment by adding the words, 'and Mary- 
land,' so that the amendment will read, 'in the 
District of Columbia and Maryland.' Are you 
ready for the question?" 

Y\ "hen the discussion has ceased, the question 
would be put thus : 

'The question is on the adoption of the amend- 
ment to the amendment, to add the words 'and 
Maryland.' All in favor say aye." 

"All opposed, no." 

If a majority wish to study the birds of 
Maryland, as well as those of the District of Co- 
lumbia, and so voted, the result would be an- 
nounced like this : 

"The ayes have it, and the amendment to the 
amendment is adopted. The question now recurs 
to the amendment as amended, 'That we add the 
words, "in the District of Columbia and Mary- 
land." ' Are you ready for the question ?" 

There were three motions pending, the main, 
and the two subsidiaries, or amendments, whose 
purpose was to perfect the main motion. The 
subsidiary of the higher value has been adopted, 
and its provisions incorporated into the one of 
lower value, so that now but two motions are 



50 Parliamentary Law. 

before the house : the main, and the amendment 
as it has been amended. 

The latter is still open to discussion and amend- 
ment, but if nothing further is offered the chair 
would put it to vote thus : 

"The question is on the adoption of the amend- 
ment as amended, to add the words, 'in the Dis- 
trict of Columbia and Maryland.' All in favor 
say aye." 

"All opposed, no." 

The result, as announced, would be thus : 

"The ayes have it, and the amendment, as 
amended, is adopted. The question now recurs 
to the main motion, as amended, 'That we organ- 
ize a club to study the habits of birds in the Dis- 
trict of Columbia and Maryland.' Are you ready 
for the question?" 

The main motion has been in abeyance during 
the time the two motions of higher value were 
under consideration ; as soon, however, as they 
are disposed of, it resumes its natural place, and 
demands proper action. 

After further debate or amendment, and when 
it fully meets the needs of the assembly, the chair 
would put it to vote in the usual way : 

"The question is on the adoption of the motion 
as amended, 'That we organize a club to study 
the habits of birds in the District of Columbia 
and Maryland.' All in favor say aye." 



Subsidiary Motions. 51 

"All opposed, say no." 

If the vote was in the affirmative, he would 
announce the following result : 

"The ayes have it, and the motion, as amended, 
'That we organize a club to study the habits of 
birds in the District of Columbia and Maryland,' 
is adopted." 

But suppose, when the amendment to the 
amendment was offered, the majority was op- 
posed to extending the study outside the limits 
set by the first amendment, then the vote on the 
amendment to the amendment would have been in 
the negative, and the result, as announced, would 
have been as follows : 

"The noes have it, and the amendment to the 
amendment is lost. The question recurs to the 
original amendment, that the words, 'in the Dis- 
trict of Columbia/ be added. Are you ready for 
the question?" 

In other words, when the amendment to the 
amendment was rejected, the amendment of the 
first degree resumed its place, as though it had 
not been superseded by one of a higher value. 
Action would continue then as above explained. 

The Amendments are the most difficult of all 
motions in Parliamentary Law, and more practice 
should be required on presenting, stating, putting 
them to vote, and announcing the result, than on 
all the others combined. 



52 Parliamentary Law. 

When the forms are once acquired, the student 
enjoys the rhythmic flow of the labials, and is 
willing to offer amendments on all subjects. 



"The proper use of the Amendatory Motion is 
to aid and perfect the measure to which it is ap- 
plied ; to befriend the antecedent proposition, and 
render it more worthy of support and adoption." 

Rufus Waples. 



Subsidiary Motions — Continued 



53 



CHAPTER III. 

SUBSIDIARY MOTIONS— CONTINUED. 

Committees. 



"The Committee is the eye, and ear, and hand, 
and very often the brain, of the Assembly. Freed 
from the very great inconvenience of numbers, it 
can study a question, obtain full information, and 
put the proposed action into proper shape for final 
decision." Thomas B. Reed. 



The motion to refer the question to a commit- 
tee is a subsidiary motion, debatable, and may be 
amended. Its position on the chart indicates it 
as higher in value than the amendments, indefinite 
postponement, and the main motion, but that it 
must yield to the motions above it. 

Committees are of three classes : Committee 
of the Whole, consisting of the entire assembly; 
Standing Committees, appointed for the session, 
or for some definite time, usually a year; Select 
or Special Committees, appointed for a special 
purpose. 



54 Parliamentary Laze. 

Most of the work of deliberative assemblies is 
clone by means of one or all of these committees. 
The preliminary work in the preparation of a 
subject for action in legislative bodies is usually 
performed in that way. 

Form of Motion to Commit. 

The form of the motion to commit is: "Mr. 
President : I move to refer the subject to a com- 
mittee" ; or : 

"I move the question be referred to a commit- 
tee of five, to report at the next meeting - ." 

When seconded, the chair would state it thus : 

"It has been moved, and seconded, to refer the 
subject to a committee. Are you ready for the 
question?" 

It is now open to discussion, and may be 
amended as to the number on the committee, or 
the time to report, and as to such instructions 
as the assembly may consider necessary. 

If the motion had been to refer to a committee 
of five, the following motion to amend would be 
in order : 

"Mr. President : I move to amend the motion 
to commit, by striking out the word 'five' and in- 
serting the word 'seven.' 

When seconded, stated, and put to vote, if de- 
cided in the affirmative, the result, as announced, 
would be : 



Subsidiary Motions — Continued. 55 

"The ayes have it, and the amendment is adop- 
ted. The question recurs to the motion as amend- 
ed, 'That the subject be referred to a committee 
of seven.' " 

It could be again amended as to time to report, 
thus: 

"I move to amend the motion by adding the 
words, 'and to report at the April meeting.' " 

When seconded, stated, and put to vote, if de- 
cided in the affirmative, the result would be : 

''The amendment is adopted, and the question 
recurs to the motion as further amended, that the 
subject be referred to a committee of seven, to 
report at the April meeting. Are you ready for 
the question?" 

When the debate has ended, the question is then 
put on the motion as amended, and, if carried, the 
result is announced thus : 

"The ayes have it, and the motion to refer the 
subject (whatever the question may have been) 
to a committee of seven, which will report at the 
April meeting, is adopted." 

This moves the question from before the house 
into the hands of the committee. 

The members of a committee are either ap- 
pointed by the chair, named in the motion to refer 
to a committee, or appointed by the assembly. 

The one first named is usually considered the 
chairman ; but unless the chairman is specially 



56 Parliamentary Law. 

appointed by the assembly, or chair, the members 
composing the committee may elect one of their 
number to that position. 

The question referred to them must be consid- 
ered in a meeting where a majority of the mem- 
bers are present. 

Communication with the several members on 
the subject by telephone does not constitute such 
conference as a committee implies, and will not 
be considered sufficient, should the question of 
meeting be raised. 

The quorum of a committee is a majority. 

Any committee, except the Committee of the 
Whole, may appoint a sub-committee, in which 
case the latter would, of course, report to the 
chairman of the committee, who would report in 
full to the assembly. The meetings are called by 
the chairman, but in case of his absence, or his 
refusal to do so, any two members may bring the 
committee together and hold a valid meeting. 

A committee is a miniature assembly, and the 
rules of the assembly apply, as far as practicable, 
to its deliberations. In very small committees, 
formal motions may be dispensed with, and a sec- 
ond is not required. 

A vote, however, should be taken on the mat- 
ter reported to the assembly. Such vote may be 
reconsidered at any subsequent meeting, regard- 
less of the time elapsed, providing every member 



Subsidiary Motions — Continued. 57 

who voted with the majority is present when the 
reconsideration is moved. 

If the committee is large, a secretary, or clerk, 
should be elected. When through with the work 
assigned to it by the assembly, a motion is made 
to "rise," and that the chairman, or secretary, 
make its report to the assembly. 

The motion to "rise," or "to rise and report," 
is equivalent to the motion "to adjourn," and is 
used only in committees. 

Except in the case of a standing committee, all 
others cease to exist as soon as the assembly re- 
ceives the report, and the standing committee 
ceases to have charge of the particular matter 
reported. The report, of course, consists of the 
views of the majority of the members present at 
the meeting, when it was agreed upon, altho the 
minority may present their views in writing, also, 
either together or separately, at the pleasure of 
the assembly. These cannot be acted upon, how- 
ever, except as one of them is submitted as a 
substitute amendment to the report of the ma- 
jority. 

Xo allusion may be made in the assembly to 
what has taken place in the committee meeting, 
except by general consent, or by a formal report 
containing the facts, of disorderly conduct, etc., 
as it may have occurred. 

When the committee is appointed for action 



58 Parliamentary Laze. 

alone, it should be small ; but if the object is that 
of deliberation, or investigation, its membership 
should represent all parties in the assembly, in 
order that its opinion, as embodied in the report, 
will be as useful as it should be. 

A committee is a creature of the assembly, cre- 
ated for a particular purpose, and it may not go 
beyond its instructions. If a paper is submitted 
to it, it must not be defaced in any manner, but 
all alterations made by the committee must be 
put on separate sheets. If the resolution origi- 
nates in a committee, then all amendments should 
be incorporated in it. 

It has been generally believed that the person 
making the motion to refer the subject to a com- 
mittee should be made the chairman of the com- 
mittee, when appointed. There is no foundation 
for such belief. The presiding officer is always 
at liberty to select the chairman, without regard 
to the mover of the original motion, or the one 
who moves to refer it to a committee. 

He should always consider the qualifications of 
each one, appointing him on the committee, or 
not, as he deems such appointment to be for the 
best interests of the assembly. 

When a committee has been instructed to re- 
port at a certain time, it should either do so, or 
state the reason for not doing so, and ask for 
further time. 



Subsidiary Motions — Continued. 59 



Committee Report. 

When the report has been submitted to the 
assembly, the chairman, or the member making it, 
should, immediately before taking his seat, move 
its adoption. 

When the report consists of a statement of 
facts, or an account of work done, it should be 
accepted, as there is nothing to adopt; but when 
the report closes with one or more recommenda- 
tions, the recommendations must become the sub- 
ject of a formal motion presented from the floor. 

Work done may, and should be, out of courtesy 
to -the committee, be accepted; but recommenda- 
tions must always be adopted. 

A report is usually received without a motion 
to that effect, but there are times when such a 
motion becomes necessary. 

It is never in order, however, to move to re- 
ceive a report after it has been read. The reading 
of it is the receiving of it by the assembly. 

The motion is to accept or adopt the report, or 
agree to the recommendations embodied therein. 

When the committee reads its report to the as- 
sembly it ceases to exist, and no motion is neces- 
sary to discharge it ; but if it makes a partial re- 
port, and asks for more time, some authorities 
say a motion is necessary to continue it. 

A committee may be revived by a motion to 



60 Parliamentary Law. 

recommit; that is, to refer the subject back to the 
same committee. 

A motion to discharge a committee is in order 
when it has made a partial report, or has failed 
to properly perform its duties. If the committee 
is small, the report should be signed by the chair- 
man and the other members; but if large, the 
name of the chairman alone will suffice, altho 
it is customary for those agreeing to the report 
to sign with the chairman, particularly if a mi- 
nority report is also submitted. 

Forms of Committee Reports. 

Following are a few reports with different rec- 
ommendations and the various methods of dis- 
posing of them : 

No. i. Report of a Standing Committee : 

'"Mr. President : Your Committee on visiting 
the sick members of our Club begs leave to report 
the following: We have called upon Mr. A., Mr. 
B., and Mr. C, and also sent flowers to others 
whose names are on our list. 

"Respectfully submitted, 

"Mr. D. 
"Mr. E. 
"Mr. F." 



Subsidiary Motions — Continued. 61 

As there is nothing here recommended for 
adoption, the chair would say : "You have heard 
the report of the committee; if there is no objec- 
tion the report will be accepted." 

This is voting by silent assent. The chair asks 
if there is any objection to accepting the report, 
and as no one speaks, there is presumed to be 
none, and the report is accepted. 

Report No. 2. Special Committee. 

Adoption of the Resolution Recommended. 

"Mr. President: Your Committee, to whom 
was referred the resolution, 'Resolved, That we 
build a club-house,' desires to report the follow- 
ing: After careful consideration of the finances 
and resources of our club, we consider the project 
entirely feasible, and, therefore, recommend the 
adoption of the resolution. 

"Respectfully submitted, 

"A. B." 

Before sitting down, the chairman should move 
the adoption of the resolution, as though present- 
ing it for the first time, thus : "I move the recom- 
mendation of the committee be adopted." When 
seconded, the chair would state it thus : 

"It has been moved, and seconded, to adopt the 
recommendation of the committee, 'That we build 
a club-house.' Are you ready for the question ?" 



62 Parliamentary Law. 

Adopting the recommendation of the committee 
is, here, equivalent to the adoption of the original 
motion, "Resolved, That we build a club-house." 
Hence the question is immediately upon the mo- 
tion as referred to the committee. The motion is 
again before the house, just as it was before com- 
mitment, except now it has the favorable recom- 
mendation of the committee. 

In such instances the assembly generally shows 
its confidence in its committee by adopting its 
recommendations, and thereby making the action 
of the committee its own. If the vote was in 
favor, the result would be announced thus : 

"The ayes have it, and the resolution that we 
build a club-house is adopted." 

Report No. 3. 

Amendment Recommended. 

"Mr. President : Your Committee, to whom 
was referred the resolution, 'That chairs be 
bought for this room,' desires to recommend its 
adoption, with the following amendment : 'That 
such chairs have a wide arm for the use of books.' 
"Respectfully submitted, 

"A. B. C." 

The question here would be, first, on the 
amendment, and then on the resolution. If the 
chairman of the committee did not move the adop- 



Subsidiary Motions — Continued. 63 

tion of the amendment, and no other member did 
so, the presiding officer would say : 

"You have heard the report of the committee. 
If there is no objection, the work of the commit- 
tee will be accepted. The question is now on the 
adoption of the amendment recommended, 'That 
such chairs have a wide arm for the use of books.' 
Are you ready for the question? Are there any 
remarks?" or "The amendment is before you for 
discussion." 

Any such remarks by the chair puts the ques- 
tion before the house for debate and final action. 

He will put it to vote in the usual manner : 

"The question is on the adoption of the amend- 
ment, that the chairs have wide arms, All in 
favor say aye." 

"All opposed say no." 

If carried, he will announce the result thus : 

"The ayes have it, and the amendment recom- 
mended by the committee is adopted. The ques- 
tion now recurs to the motion as amended, 'That 
chairs with a wide arm, for the use of books, be 
bought for this room.' Are you ready for the 
question ?" 

This is again before the house for debate, 
further amendment, or the application of any sub- 
sidiary motion, exactly as it was before reference 
to the committee. 

It is treated as an original main motion in every 



64 Parliamentary Laze. 

respect, except that objection to its consideration 
(which will be explained later) cannot be raised. 

It must be disposed of by some formal vote be- 
fore the assembly can proceed to other business. 

If, when the subject was referred to the com- 
mittee, there were one or two amendments already 
pending, and the committee recommended anoth- 
er amendment, the one recommended by the com- 
mittee could not be acted upon until the pending 
amendment to the main motion had been disposed 
of. After the report of the committee is read, 
in such a case, the presiding officer would say : 

"You have heard the report of the committee. 
The question is on the adoption of the amend- 
ments to the main motion as referred to the com- 
mittee, and after they have been acted upon, the 
amendment recommended by the committee will 
be in order." 

He will proceed to put the vote, first on the 
amendment to the amendment, then on the 
amendment, allowing time for discussion, as tho 
they had been just proposed; and when both had 
been adopted or rejected, would then say: 

"The question now is on the adoption of the 
amendment recommended by the committee" 
(reading it). "Are you ready for the question?" 

This amendment is before the house in the 
same condition as if just offered to a n-w main 
motion. 



Subsidiary Motions — Continued. 65 

After the usual discussion, it would be put to 
vote, and the question would recur to the main 
motion, as amended, for final action. 

The amendment proposed by the committee is 
simply held in abeyance until those already pend- 
ing are disposed of, then takes its place in the 
natural order. 

Report No. 4. 

Substitute Amendment. 

"Mr. President : Your Committee to whom 
was referred the resolution 'That chairs be bought 
for this room,' desires to submit the following 
substitute amendment. 

"Investigation shows that no money is in the 
treasury, and none to come in for some time, that 
may be used for such purpose. Therefore, we 
recommend 'That each member be requested to 
donate one chair for our use.' 

"Respectfully submitted, 

"A. B., Chairman." 

He continues : "I move the adoption of the 
substitute amendment." 

When seconded, the chair states it thus : 
"It has been moved, and seconded, to substitute 
the amendment 'That each member be requested 
to donate a chair for our use,' for the main mo- 



66 Parliamentary Law. 

tion, that we buy new chairs. Are you ready for 
the question?" 

When put to vote, if carried, he would state 
the question thus : 

'The question now recurs to the motion as 
amended, by substitution, 'That each member be 
requested to donate one chair.' Any further re- 
marks ?" 

After discussion and further amendment by ad- 
dition, if any, it would be put to vote, and the 
result, if in the affirmative, announced thus : 

"The motion, as amended, is adopted. Each 
member will be asked to donate one chair for this 
room," 

Reports No. 5A and No. 5B. 

Majority and Minority Reports. 

"Mr. President : Your Committee to whom 
was referred the resolution 'That we take up the 
study of literature this season,' desires to submit 
the following report : We have communicated 
with all of the members, and find a general de- 
sire for such study; and, therefore, we recom- 
mend the adoption of the resolution. 

"Respectfully submitted, 

"A., Chairman." 

Suppose that the committee consisted of nine 
members. Five of them must have concurred in 



Subsidiary Motions — Continued. 67 

that report before it could be submitted to the 
assembly ; but the other four may have been just 
as earnest in their belief that the majority of the 
club members would be more interested in a 
course of botany than literature. 

In order to get that opinion before the club, 
they could agree on a minority report, and imme- 
diately after the report of the committee had been 
read, and the question stated on its adoption, a 
member could present their report, as follows : 

"Mr. President : The Minority of your Com- 
mittee to whom was referred the resolution, 'Re- 
solved, That we take up the study of literature 
this season/ desires to submit the following re- 
port. 

"We believe the study of botany would be more 
useful, and just as interesting to most of our 
members ; therefore, we recommend that study 
for the club. 

"Respectfully submitted, 

"B., Chairman of the Minority." 

Before he sat down, he would put it in the 
form of a motion, thus: 

"I move that the report of the Minority, 'That 
we study botany,' be substituted for the report of 
the Committee." 

That is, the resolution recommended by the 



68 Parliamentary Law. 

Minority is offered as a substitute amendment to 
the resolution recommended by the Majority. 

The presiding officer would state the amend- 
ment thus : 

"It is moved, and seconded, to substitute the 
amendment, 'That we study Botany' for the mo- 
tion 'That we study Literature.' Are you ready 
for the question?" 

After debate on the matter has been exhausted, 
and it has been put to vote in the usual way, he 
would announce the result, if carried in the affir- 
mative, thus : 

"The ayes have it, and the amendment is adop- 
ted. The question recurs to the motion as amend- 
ed, 'That we take up the study of Botany this 
season.' Are you ready for the question?" 

This is now open to further discussion, and 
amendment by addition, and when perfected to 
suit the wishes of the assembly the final vote 
would be taken thus : 

"The question is on the adoption of the motion 
as amended. All in favor say aye." 

"Opposed, no." 

"The ayes have it, and the motion, as amended 
(by substitution), 'That we study Botany this 
season,' is adopted." 

The assembly preferred the report of the Mi- 
nority of the committee to that of the Majority, 
and adopted its provisions. 



Subsidiary Motions — Continued. 69 

The Minority cannot report, as of right, but 
does so by favor of the assembly. 
Report No. 6. 

Rejection of Resolution Recommended. 

"Mr. President: Your Committee, to whom 
was referred the resolution, 'Resolved, That our 
Club donate fifty dollars to the Playground Asso- 
ciation,' desires to report as follows : 

"We have made a careful inquiry as to our ex- 
penses for the coming year, and we are of the 
opinion that the Club cannot afford to give any- 
thing for such a purpose, and we recommend the 
rejection of the resolution. 

"Respectfully submitted, 

"A., Chairman." 

The question is always on the adoption, rather 
than the rejection, of the resolution^ in whatever 
form it may be presented ; therefore, the presiding 
officer would say : 

"The question is on the adoption of the reso- 
lution, the report of the committee to the contrary 
notwithstanding. ' ' 

He would perhaps explain that in order to fol- 
low the advice of the committee they should vote 
in the negative, but that he must put the affirma- 
tive form first. 

If the assembly wished to adopt the recommen- 



Parliamentary Laiv. 



dation of the committee, the members would vote 
"no," and the result would be announced thus : 

"The noes have it, and the resolution, 'That we 
donate fifty dollars to the Playground Associa- 
tion,' is lost, or rejected. 

This form of disposing of a recommendation to 
reject a resolution is very important, and not in- 
frequent; therefore, the student should master it 
thoroughly. 

Report No. 7. 

Postponement Recommended. 

"Mr. President : Your Committee to whom 
was referred the resolution, 'That we give fifty 
books to the school library,' has found little inter- 
est in the subject among our members ; therefore, 
we recommend the indefinite postponement of the 
question. 

"Respectfully submitted, 

"B. C, Chairman." 

Before sitting down, the one making the re- 
port should make a motion to that effect : 

"I move that the motion that we give fifty 
books to the school library be postponed indefi- 
nitely." 

When seconded, the presiding officer would 
say: 

"You have heard the report of the committee. 



Subsidiary Motions — Continued Ji 

The question is on the postponement of the reso- 
lution indefinitely. Are there any remarks ?" 

If the recommendation had been to postpone 
to some definite time, the question would have 
been on the motion to postpone to that time, etc., 
etc. 

Committee of the Whole. 

The Committee of the Whole House consists 
of the entire assembly. 

It is of little practical use in small bodies, but 
is of great benefit in legislative and other assem- 
blies, where debate must be limited. 

Its purpose is to allow an assembly to consider 
a subject which it does not wish to refer to a 
committee, with all the freedom characteristic 
of an ordinary committee meeting. 

Its quorum is the same as that of the assembly. 
It is really the whole assembly resolved into a 
committee, the meeting of which is held in the 
assembly room. The only change made is the 
appointment of a new chairman. 

It differs from a Special committee in other 
ways : the only motions in order are "to amend," 
"to adopt," and "to rise and report." 

It cannot appoint a sub-committee, nor refer 
the subject assigned to it by the assembly to any 
smaller body for consideration. 

The secretary does not record the proceedings 



Parliamentary Lazv. 



of the committee on the minutes of the assembly, 
but keeps a memorandum of them for the use of 
the committee. 

In a Committee of the Whole, a member may 
speak to the subject as often as he can obtain 
the floor, and as long, each time, as is allowed in 
debate in the assembly, providing no one wishes 
the floor at that time who has not spoken to that 
particular question. 

The only way that debate can be limited is for 
the assembly to vote that the debate in the Com- 
mittee of the Whole shall cease at a certain hour, 
or, that after a certain specified time, no debate 
shall be permitted, except on new amendments, 
etc. 

The assembly has power to regulate the de- 
bate in any way that seems necessary to the best 
interests of the question under consideration. 
When it has been so limited by the assembly, the 
committee has no power to extend the time. 

Like all other committees, it may not alter the 
text of the resolution assigned to it, but when 
it originates the resolution, then all amendments 
are incorporated in it. 

Form of Motion of Committee of the Whole. 

When it is desired to go into the Committee 
of the Whole, a member rises and makes the fol- 
lowing motion : 



Subsidiary Motions — Continued. J$ 

"Mr. President : I move that the assembly do 
now resolve itself into a Committee of the Whole, 
to take under consideration the question, 'That a 
donation of one hundred and twenty-five dollars 
be made to the school library.' " 

When seconded, the presiding officer states it, 
and, after discussion, puts it to vote, and an- 
nounces the result thus : 

"The ayes have it, and the motion, 'That we re- 
solve ourselves into a Committee of the Whole, 
to consider the question, 'That a donation of one 
hundred and twenty-five dollars be made to the 
school library/ is adopted." 

He would then appoint a chairman, and take his 
place on the floor. In this way he can take part 
in the debate, as he could not do while occupying 
the chair. 

When the question has been fully considered a 
member rises, and moves : 

"That we rise and report the result of our pro- 
ceedings to the assembly." 

Upon the adoption of this motion, the chairman 
of the Committee leaves the chair, and the Presi- 
dent of the assembly resumes it, and calls for 
the report of the Committee. The chairman of 
the Committee then reads the report of the action 
of the Committee, just as he would do had the 
Committee left the assembly hall and held its 
meeting in another room. 



74 Parliamentary Law. 

The report is also acted upon in the manner 
of all other committee reports. 

The Committee of the Whole is competent to 
make recommendations that the resolution be 
adopted, amended, postponed, rejected, etc., the 
same as other committees. 

Smaller bodies may find it advisable to resolve 
themselves into a Committee of the Whole when 
the question under consideration is in danger of 
being laid on the table, or of being put to vote 
under the operation of the previous question, be- 
fore it has had the advantage of full debate. 

It also enables the assembly to secure a more 
competent chairman for the consideration of a 
subject than the regular presiding officer may be, 
and the fact of its proceedings not being on the 
minutes of the assembly, makes it a useful ex- 
pedient in some particular instances. 

In legislative assemblies, bills for general ap- 
propriations, and those including items of gov- 
ernmental expense, are generally referred to this 
committee. 



Committee of the Whole House on State of the 
Union. 

In the National House of Representatives there 
are two committees of this nature : the Commit- 
tee of the Whole House, to which are referred 



Subsidiary Motions — Continued. 75 

private bills, and which can sit only on Fridays, 
and the Committee of the Whole House on the 
State of the Union. This latter committee has 
charge of all public bills which appropriate money 
or property, or require such future appropriation 
of money or property of the United States, and is 
in order on any day. 

Informal Consideration. 

Informal consideration is when one moves "to 
consider a subject as if in the Committee of the 
Whole." If this motion is adopted, then the con- 
sideration of the subject proceeds as though the 
assembly had resolved itself into a Committee 
of the Whole, except that the presiding officer re- 
tains the chair, and when the informal discussion 
is at an end, announces, "That the assembly, act- 
ing informally, has had such a subject under con- 
sideration, and recommends certain amendments, 
etc., which he will now report." Such report is 
of the same nature as the report of any commit- 
tee, and is disposed of in the same manner. 

In the United States Senate, all bills, joint res- 
olutions, and treatises, upon their second reading, 
are considered "as if the Senate were in the Com- 
mittee of the Whole." This report to the assem- 
bly of the informal action is entered on the min- 
utes, as it is part of the proceedings of the assem- 
bly. 



76 Parliamentary Law. 



"None who speak directly against a measure 
are to be of the Committee, for he that would 
totally destroy will not amend it. The child is 
not to be put to a nurse who cares not for it. No 
man is to be employed in any matter who has 
declared himself against it." 

Thomas Jefferson. 



Other Subsidiaries. JJ 



CHAPTER IV. 

OTHER SUBSIDIARIES. 

Definite Postponement; The Previous Question; 
To Lay on the Table. 



"A general knowledge of the proper rules al- 
ways tends to economize time, secure the dispatch 
of business, and harmonize all proceedings." 

Joseph B. Burleigh. 



Definite Postponement. 

The motion to postpone to a day certain, or to 
a definite time, is found in the fourth rank of 
Subsidiary Motions. It yields to the motions 
above it, as shown by the chart, but displaces all 
those below it, until it is disposed of. 

It is debatable, and may be amended as to the 
day to which the question may be postponed. 

The debate should be confined to the question 
of postponement, and not be permitted to extend 
to the merits of the subject to be postponed. How- 



78 Parliamentary Law. 

ever, this distinction is sometimes difficult to en- 
force, and the chair should always be lenient rath- 
er than tyrannical — allow too much discussion 
rather than too little. 

While it yields to the motion to lay on the table, 
the motion itself, "To postpone to a definite time," 
may not be laid on the table. It is the question 
which is to be postponed, that the higher motion — 
to lay on the table — is applied to ; and if the latter 
motion is adopted, the motion to postpone is lost ; 
but if the motion to lay the question on the table 
is not carried, then the delayed motion, "To post- 
pone to a time certain," resumes its place, and 
requires action. 

The definite postponement is a useful expedi- 
ent, and is always in aid of the main motion. Its 
object is merely to delay action for a limited time, 
during which the motion may be gaining friends, 
or its friends may be preparing for its better pres- 
entation when it again comes before the assem- 
bly. 

The rule is, that a question should not be post- 
poned beyond the next session, but in small so- 
cieties, where the meetings (which are synony- 
mous, generally, with the sessions) are held once 
or twice a month, it seems necessary to extend 
its operations. 

Suppose a question came up at the November 
meeting, but could not have sufficient considera- 



Other Subsidiaries. 79 

tion before the January or February session; in 
such case it would be wholly w r ithin the purpose 
and intent of the motion to defer its consideration 
until those, or even later meetings. 

Form of Motion to Postpone to Day Certain. 

The form is very simple: "Mr. President: I 
move to postpone the consideration of the ques- 
tion, with its pending amendments" (if any), 
'That we donate fifty dollars to the school library/ 
until our next meeting, or until the December 
meeting." 

When seconded, the chair would state it thus : 
"It has been moved, and seconded, to postpone 
the consideration of the question, That we do- 
nate fifty dollars to the school library,' to our next 
meeting. Are you ready for the question?" 

After discussion, limited to the question of post- 
ponement, he would put it to vote thus : 

"The question is on the adoption of the motion, 
That we postpone the question "That we donate 
fifty dollars to the school library," to our next 
meeting.' All in favor say aye." 

"Opposed, no." 

If carried, the result would be announced thus : 

"The ayes have it, and the motion to postpone 
the question to our next meeting is adopted." 

Further consideration of the main motion is de- 
ferred until that time. 



80 Parliamentary Law. 

If the sentiment was against postponement, and 
the motion failed, the result would be : 

"The noes have it, and the motion to postpone 
is lost. The question recurs to the motion, 'That 
we donate fifty dollars to the school library.' Are 
you ready for the question ?" 

When the subsidiary motion to postpone, to 
which the main motion yielded, is voted upon, and 
lost, the latter motion comes again before the 
house, in the same condition as though the mo- 
tion to postpone had never been made. 

When a question has been postponed, by this 
motion, to a certain time, it may not be taken up 
before that time, except by a two-thirds vote. 

When that time arrives, if the postponement 
was to a certain hour, it takes precedence then 
of everything except Privileged questions. 

If postponed to a fixed day, it comes up on that 
day as unfinished business. 

The Previous Question. 

The Previous Question is a technical name for 
a motion used to stop the discussion of a question 
and bring it to vote. Its name causes much con- 
fusion, as it suggests the question previously un- 
der consideration ; but it has nothing whatever 
to do with that. 

Its use is simple, altho its unfortunate name 



Other Subsidiaries. 81 

causes confusion in the minds of beginners, or \ 
those unfamiliar with parliamentary procedure. 
The Previous Question is a motion to stop debate 
and bring the question to a vote. 

Learn this definition thoroughly, and no diffi- 
culty in understanding the motion will ever be 
experienced. 

It ranks fifth among the subsidiaries, and yields 
only to those above, displacing all those below. 

It is not debatable, neither can it be amended ; 
but it may be applied to all motions which are 
debatable, as its sole object is to close debate, 
when such debate has overstepped the limit of 
time, or when for any reason, the immediate vote 
is desired. 

It is the first motion which we have thus far 
considered which requires more than a majority 
vote for its adoption. A two-thirds vote in this 
connection is necessary, because closing the de- 
bate, or cutting off the full and free discussion 
of a question is really violating one of the funda- 
mental principles of parliamentary law. A two- 
thirds vote is never justified, except when some 
such general principle is temporarily infringed 
for a particular purpose. While such occasions 
are neither frequent nor desirable, yet in order 
to facilitate the transaction of business, such an 
expedient becomes, at times, necessary. 

The effect of the Previous Question, when 



82 Parliamentary Law. 

adopted, or ordered, as this is called, is to in- 
stantly close the discussion and bring the assem- 
bly to vote upon the pending question. After this 
vote has been taken, its effect is exhausted. Had 
the Previous Question failed, then the business 
before the house would be in the same condition 
as though the Previous Question had never been 
moved. 

Form of Motion of Previous Question. 

The form given in most of the manuals is con- 
fusing, and as the one used by some of the later 
writers is much simpler, and the same result is 
obtained by both, the latter will be adopted here. 

If the motion, "That we donate fifty dollars to 
the school library," had been presented, stated, 
and been under discussion some time, and a mem- 
ber wished to bring it to an immediate vote, he 
would move the Previous Question, thus : 

"Mr. President: I move the Previous Ques- 
tion"; or, "I call for the Previous Question." 

When seconded, the chair would put it to vote 
at once, as by reference to the chart it is seen 
to be undebatable, and that it requires a two- 
thirds vote to adopt it. He would then say : "The 
Previous Question has been moved and seconded. 
Shall the debate be closed and the vote taken? 
All in favor, rise, and stand until counted." 



Other Subsidiaries. 83 

"Opposed, rise." 

The secretary usually counts the voters, and 
if two-thirds of those voting are in favor of vot- 
ing on the main motion immediately, the result 
would be announced thus : 

"The affirmatives have it, and the Previous 
Question is adopted. The question is now on 
the adoption of the main motion, 'That we donate 
fifty dollars to the library.' All in favor say aye." 

"Opposed, no." 

"The ayes have it, and the motion, 'That we 
donate fifty dollars to the library,' is adopted." 

A two-thirds majority wanted to put the ques- 
tion to vote at once, so they voted in favor of the 
motion to close debate and compel the vote. After 
that had been done, the chair had no option but 
to put the question at once on the pending motion. 

No one can continue to speak to the question, 
move to amend it, or make any subsidiary motion, 
after the Previous Question has been ordered. 

There remains but one thing to be done : to put 
the question immediately to vote. The only ex- 
ception to this rule is when the Previous Ques- 
tion has been ordered on the adoption of the re- 
port of a committee. In that case, the chairman, 
or member of the committee reporting, may 
speak, or close the debate on such report, even 
after the Previous Question has been ordered. 

If, when the vote was taken on the Previous 



Parliamentary Laiv. 



Question, there was not a two-thirds vote in its 
favor, then the result would be announced as 
follows : 

"The noes have it, and the Previous Question 
is lost. The question recurs to the motion, 'That 
we donate fifty dollars to the school library.' " 

Now the question is in the same condition as 
before the Previous Question was moved at all. 
Its introduction has had no effect whatever upon 
the pending motion. The debate may be con- 
tinued indefinitely, and the motion disposed of in 
the ordinary way. 

If there are amendments pending when the 
Previous Question is ordered, the vote must be 
taken first on the amendments, in order, then 
on the main motion, without debate on any one 
of them. 

If there are two amendments, arid the motion 
to refer the question to a committee pending, 
when the Previous Question is ordered, then the 
vote must be taken on the motion to commit, first ; 
if it is adopted, the whole question is moved from 
before the house; but if it is lost, then the vote 
must be taken on the amendment to the amend- 
ment, then on the amendment, and last on the 
main motion, all without debate. 

When these votes have been taken, the effect 
of the previous question is exhausted. If one or 
all were reconsidered, the question would be di- 



Other Subsidiaries. 85 

vested of the Previous Question, and again be 
open to discussion and amendment. 

If one of the votes be reconsidered before all 
of the motions have been put to vote — that is, be- 
fore the Previous Question is exhausted — its ef- 
fect would then preclude any discussion of the 
motion reconsidered. 

The effect of the Previous Question may be 
limited to the motion to commit; in which case, 
after that motion has been put to vote, the amend- 
ments and main motion would be debatable, as 
usual; or, if the amendments only were pending 
when the Previous Question was ordered, its ef- 
fect could be limited to the amendment to the 
amendment or to both amendments ; and after 
the vote has been taken on one or both, as the 
case may be, the main motion would continue free 
from its restrictions. 

When the Previous Question is ordered on a 
motion to postpone, either to a day certain, or to 
an indefinite time, its effect extends only to the 
motions to postpone, and the main question does 
not come under it. 

Previous Question and a Series of Motions. 

The following is an illustration of the Previous 
Question, as applied to a series of motions : 
The main motion, "That we donate fifty dollars 



86 Parliamentary Laze. 

to the school library," has been introduced. An 
amendment that the words, "fifty dollars" be 
struck out, and the words, "twenty-five dollars," 
be inserted, has been moved, seconded, and stated 
by the chair; also an amendment to the amend- 
ment has been offered to this effect : that the 
words, "twenty-five books" be added to the 
amendment. 

Then a motion to refer the question to a com- 
mittee has been moved, and stated, followed by a 
call for the Previous Question. 

\Ye have, then, five motions pending, in the 
order in which they may be made, and in which 
they must be acted upon : 

Fifth motion, The Previous Question. 

Fourth motion, To refer to a Committee. 

Amendment to the Amendment, addition, "and 
25 books." 

Amendment by Substitution, "25 dollars." 

"Resolved, That we donate fifty dollars to the 
school library." 

The chair would put to vote first the last mo- 
tion made, thus : 

"The Previous Question has been moved, and 
seconded : Shall the debate be closed and the 
vote taken? All in favor, rise, and stand until 
counted." 

"Opposed, rise." 

"The affirmatives have it, and the Previous 



Other Subsidiaries. 8y 

Question is ordered. The question is on the mo- 
tion to refer the question to a committee. All in 
favor of commitment say aye." 

"Opposed, no." 

"The noes have it, and the motion to commit 
is lost. The question now recurs to the amend- 
ment to the amendment, to add the words 'And 
twenty-five books.' All in favor say aye." 

"Opposed, no." 

"The ayes have it, and the amendment to the 
amendment is adopted. The question now recurs 
to the amendment as amended, 'That the words, 
"fifty dollars" be struck out, and the words, 
"twenty-five dollars and twenty-five books" be 
inserted.' All in favor say aye." 

"Opposed, no." 

"The ayes have it, and the amendment, as 
amended, is adopted. The question now is on the 
adoption of the main motion, as amended, 'That 
we donate twenty-five dollars and twenty-five 
books to the school library.' All in favor say 
aye." 

"Opposed, no." 

"The ayes have it, and the motion, as amended, 
is adopted." 

Not until the negative vote has been taken on 
the last motion is the effect of the Previous Ques- 
tion exhausted. After it has been exhausted 
however, the vote on any or all of these motions 



88 Parliamentary Lazv< 

may be reconsidered and the motions would ad- 
mit of debate. 

In limiting the Previous Question to certain 
motions, the following form would be used : 

"Mr. President : I move the Previous Ques- 
tion on the motion to commit"; or, "I move the 
Previous Question on the amendments" ; or, "On 
the amendment to the amendment," as the case 
might be. 

The Previous Question is not known in the 
United States Senate. In the House of Repre- 
sentatives it is ordered by a majority of the mem- 
bers seconding it. 

Lay on the Table. 

The motion, "To lay on the table," is the last, 
and highest in order, of the Subsidiary Motions. 

The diagram shows it to be undebatable; it 
does not admit of amendment nor of the appli- 
cation of any other subsidiary motion. It takes 
the place of all those motions below it until it 
has been acted upon, but yields, in turn, to all of 
the Incidental and Privileged Motions. 

Its object is to enable the assembly to lay aside 
a question temporarily. 

The advantage of this motion over those to 
commit, and postpone to a definite time, lies in 
the convenience of being able to bring the ques- 



Other Subsidiaries. So, 

tion laid on the table back again before the house 
at any hour during the same or the next regular 
meeting. 

It serves also to suppress a question for the 
session if a majority vote cannot be obtained to 
take it from the table ; and while it frequently has 
that effect, and is used in many societies for that 
purpose alone, its true function is not to kill a 
question, but to lay it aside, or to postpone it in 
such a way as to best meet the needs of the as- 
sembly. 

Its object is to aid the resolution, not to destroy 
it. 

There are two well-known and simple devices 
for throwing out objectionable questions : the In- 
definite Postponement, and the Objection to the 
Consideration. This motion to lay on the table 
should not be perverted to that use. 

It has its own peculiar duties to perform, its 
own obligations to fulfill, and should not be made 
to carry the burdens of others. 

W "hen the motion to lay the question on the 
table is carried, it takes with it the main question 
and everything adhering to it ; that is, all pending 
amendments and subsidiary motions. If an 
amendment is laid on the table it carries with it 
the main motion. 

There are however, a few exceptions to this 
general rule to be noted. 



90 Parliamentary Laze. 

An amendment to the minutes of the assembly 
does not take to the table the minutes. 

A motion to reconsider a vote, if laid on the 
table, leaves the original motion just where it 
was before the reconsideration was offered ; and 
an appeal, when tabled, does not take with it the 
original question, but sustains for the time the 
decision of the chair. 

When the Previous Question has been made, 
and ordered, the motion to which it was applied 
may be laid on the table at any time, until just 
before the last vote is taken on the motion. 

If tabled while the Previous Question is pend- 
ing, the latter motion, being of lower value, would 
be lost in the adoption of the higher one to lay 
on the table; but if the vote had been taken on 
the Previous Question, and it had been decided 
in the affirmative, then, if the resolution is laid 
on the table, the order of the Previous Question 
goes with it ; and when taken from the table, the 
resolution comes up under the order, and must be 
disposed of without debate. 

Form of Motion to Lay on the Table. 

The forms for laying a motion on the table, 
and taking it from the table, are as follows : 

"Mr. President: I move to lay the question, 
'That we donate fifty dollars to the library,' en 
the table." 



Other Subsidiaries. Qt 

\Yhen seconded, the chair would put it to vote 
immediately, as it is not debatable : 

"It has been moved, and seconded, to lay the 
question, 'That we donate fifty dollars to the li- 
brary,' on the table. All in favor say aye." 

''Opposed, say no." 

If the vote was in the affirmative, the result 
would be: "The ayes have it, and the question, 
'That we donate fifty dollars to the library,' is 
laid on the table." 

If in the negative, it would be : "The noes 
have it, and the motion to lay on the table is lost. 
The question recurs to the main motion" (to the 
amendments, if any, or to a pending subsidiary 
motion, as the case may be). "Are you ready 
for the question?" That is, the same condition 
would return as existed before the motion to lay 
on the table was made at all. 

When the motion to lay on the table is lost, 
the vote on it may be reconsidered. The affirma- 
tive vote cannot be reconsidered, for the reason 
that the question may be taken from the table. 

To Take from the Table. 

The question tabled may be called up after any 
intervening business, however slight, or at any 
time during that meeting when no other business 
is pending; and where the sessions are of stated 



92 Parliamentary Law. 

and frequent occurrence, its effect continues until 
the close of the next meeting. 

Where sessions continue several days, weeks, 
or months, it could be called up at any time dur- 
ing that session, but loses its right with the close 
of the session. 

When a question remains on the table until 
the next regular meeting it should be called up 
under the head of new business, in this way : 

"Mr. President : I move to take from the table 
the motion, 'That we donate fifty dollars to the 
library.' " 

When seconded, it would be put to vote imme- 
diately, as it is not debatable, thus : 

"It has been moved, and seconded, to take from 
the table the question, 'That we donate fifty dol- 
lars to the library.' All in favor say aye." 

"Opposed, no." 

"The ayes have it, and the motion, 'That we 
donate fifty dollars to the library,' is before you 
for action." 

The motion is now open to discussion, amend- 
ment, or the application of any other motion, ex- 
actly as before it went to the table. 

To Lay on the Table Subject to Call. 

Another form of this motion, and one having 
some advantages over the usual one, is to lay 



Other Subsidiaries. 



the question on the table "subject to call." This 
motion is like the first one in all respects, except 
that it is never used by the enemies of a measure 
to suppress it entirely. 

Since any member may call it up, without the 
formality of a motion, it is much more likely to 
be brought back for consideration. 

The form would be : "I move to lay the ques- 
tion, 'That we donate fifty dollars to the library,' 
on the table, subject to call." 
. When seconded, it would be put to vote in the 
usual way, and if carried, the result announced 
as follows : 

"The ayes have it, and the question, 'That we 
donate fifty dollars to the library,' is laid on the 
table, subject to call." 

After some intervening business, a member 
would rise, and, addressing the chair, say : "I call 
for the question, 'That we donate fifty dollars to 
the library.' " 

This requires no second, and the chair would 
state the question as though it had come up by 
way of motion : 

"The question, 'That we donate fifty dollars to 
the library,' has been called from the table. It is 
before you for consideration. Are you ready for 
the question?" etc. 



94 Parliamentary Law. 



Improper Use of Motion to Lay on Table. 

If the motion to lay on the table is repeatedly 
used in any society for the purpose of defeating 
the question, there should be a special rule adop- 
ted requiring a two-thirds vote for its adoption. 

To lay a question on the table, with no inten- 
tion of taking it up again, and thereby preventing 
all discussion, is an unwarranted violation of one 
of the fundamental principles of the common par- 
liamentary law of the land, that all propositions 
are debatable. 

The usefulness of a most efficient motion is im- 
paired by this practice of making it perform the 
work fully provided for by others : the Objection, 
and the Indefinite Postponement. 

All authorities deplore the improper use to 
which this motion has been put, and urge upon 
students the necessity of preserving it for the 
function peculiar to itself: that of laying aside a 
question temporarily, with the privilege of re- 
suming it again, at the pleasure of the assembly, 
within certain limits set by the experience and 
expediency of centuries. 






Other Subsidiaries. 95 



''Only by adherence to proper forms can the 
weaker party be protected from those irregulari- 
ties and abuses which these forms were intended 
to check, and which the wantonness of power is 
but too apt to suggest to large and successful 
majorities." Thomas Jefferson. 



ijo Parliamentary Law. 



CHAPTER V. 
INCIDENTAL MOTIONS. 



"It is the duty of every person participating in 
the proceedings to observe the rules of parliamen- 
tary procedure, and to aid the presiding officer in 
enforcing them." John L. Branch. 



The third class of motions includes those called 
Incidental, because they originate in questions or 
conditions already existing. 

They take precedence of the two lower classes, 
the Main or Principal motion, and the Subsidia- 
ries, but yield, in turn, to the fourth, and higher 
class, the Privileged. They have no order of 
value among themselves, as have the other classes. 
Reference to the diagram shows that, with one 
exception — the Appeal — all are undebatable, and 
one requires a two-thirds vote. 

They are : 

To Suspend the Rules. 

To Withdraw a Motion. 



Incidental Motions. 97 

To Divide a Motion. 

To Read Papers. 

Objection to the consideration of a question. 

Appeal. 

Questions of Order. 

None of them may be amended. 

Suspend the Rules. 

The motion to Suspend the Rules is not de- 
batable, and may not be amended. The vote on 
it cannot be reconsidered, and a two-thirds vote 
is required for its adoption. 

The motion applies only to Rules of Order, 
never to established parliamentary principles, con- 
stitutional requirements, or special statutes, unless 
in the form of Standing Rules. The motion to 
Suspend the Rules, for the same purpose, cannot 
be renewed at the same meeting, although it may 
be renewed at an adjourned meeting, even should 
such adjourned meeting be held on the same day. 

In Congress, the motion cannot be renewed on 
the day it is offered. 

No by-law can be suspended, except a provision 
for such suspension is incorporated in the consti- 
tution or by-laws of the society. In the absence 
of such provision, a majority is competent to 
repeal a rule, but not to suspend it; on the prin- 
ciple that while the rule is in existence it must be 



98 Parliamentary Law. 

honored. When that becomes undesirable, or im- 
possible, it should be eliminated from the statute 
book. 

The motion should always be accompanied by 
the reason for wanting the rules suspended. 

Forms of Motion to Suspend the Rules. 

Its form is as follows : 

"Mr. President : I move that the rules be sus- 
pended, in order to proceed at once to the con- 
sideration of the question, 'That we donate fifty 
dollars to the school library.' " 

After a second, the chair puts it to vote at once, 
as it permits of no debate, thus : 

"It is moved, and seconded, to suspend the 
rules, so as to proceed at once to the consideration 
of the question, 'That we donate fifty dollars to 
the school library.' All in favor, rise, and stand 
until counted." 

"Opposed, rise." 

The result, as announced, would be : 

"There is a two-thirds vote in the affirmative; 
therefore, the rules are suspended, and the ques- 
tion, 'That we donate fifty dollars to the school 
library,' is before you for consideration." 

The question would then be disposed of, as 
though it had come up at the usual time, and in 
the usual manner. 



Incidental Motions. 99 

The rules of order for the conduct of business 
only, were temporarily suspended. 

To Withdraw a Motion. 

The motion "to withdraw a motion" is used 
when a motion has been made, seconded, and 
stated by the chair, but which, for some reason, 
the maker wishes to recall. 

The mover may always withdraw a motion, 
with the consent of his second, until it has been 
stated; after that, the motion has passed out of 
their hands into the control of the assembly, and 
may be withdrawn only by silent assent, or by 
a formal motion to that effect. 

After the motion has been amended, or has 
been subjected to any action, it can be withdrawn 
only by unanimous consent. 

When withdrawn, it carries with it all adher- 
ing matter : amendments, subsidiary motions, etc. ; 
and the effect is the same as if it had never been 
introduced. 

The motion to withdraw cannot be debated or 
amended. 

Form of Motion to Withdraw. 

The form is as follows : 

"Mr. President : I move to withdraw the mo- 
tion," or, "I ask leave to withdraw the motion, 



Parliamentary Law. 



'That we donate fifty dollars to the school li- 
brary.' " 

When seconded, the chair would put the vote 
immediately, thus : 

"It has been moved and seconded, to withdraw 
the motion, 'That we donate fifty dollars to the 
school library.' All in favor say aye." 

"Opposed, no." 

"The ayes have it, and the motion is with- 
drawn." 

Or, when the motion is made to withdraw, the 
chair might say: "If there is no objection, the 
motion, 'That we donate fifty dollars to the school 
library,' will be withdrawn." After a pause, if 
no one speaks, he would announce the result, 
thus: "The motion is withdrawn." 

This is voting by silent assent, and has the ad- 
vantage of saving time ; altho in other than rou- 
tine business it is not quite so fair a method as 
the usual one. 

To Divide a Motion. 

The motion "to Divide a Motion" is in order 
when the resolution contains two or more propo- 
sitions, each of which would be complete in it- 
self. 

The fact that the resolution is long, and per- 
haps involved in construction, is not sufficient 
reason for division: it mav admit of as careful 



Incidental Motions. lor 

consideration under such circumstances as the 
subject requires. 

If, however, it contains more than one propo- 
sition, and the society wishes to adopt one and 
reject one or more, the proper procedure would 
be to divide the resolution into the two or more 
clauses, by means of this incidental motion. 

When so divided, the first proposition is dis- 
posed of, then the second one taken up, and so 
on, in regular order, until all have been consid- 
ered. 

The motion to divide is undebatable, but may 
be amended. 

Form of Motion to Divide. 

Its form is as follows : 

"Mr. President: I move to divide the motion, 
'That we give an entertainment for the benefit of 
the library on March 3, 1908, tickets to be fifty 
cents,' into three propositions, into which it natu- 
rally falls" (naming them). 

When seconded, it would be put to vote thus : 

"It is moved, and seconded, to divide the mo- 
tion so that the first proposition, 'That we give an 
entertainment for the benefit of the library,' may 
be considered alone, and the other two, 'On 
March 3, 1908,' and Tickets to be fifty cents,' in 
their turn. All in favor say aye." 

"All opposed, no." 



Parliamentary Lazv. 



When carried, the result would be : 

"The ayes have it, and the motion to divide is 
adopted. The question is on the proposition, 
'That we give an entertainment for the benefit of 
the library.' Are you ready for the question ?" 

After discussion, the vote would be taken, and, 
if decided in the affirmative, the result would be 
announced thus : 

"The ayes have it, and the motion, That we 
give an entertainment for the benefit of the li- 
brary,' is adopted. The question now recurs to 
the second proposition, 'That it be held on March 
3, 1908.' Are you ready for the question?" 

This is open to discussion, amendment, and 
other disposition, in the same manner as though 
it were just proposed. When voted upon, if adop- 
ted, the result would be announced thus : 

"The ayes have it, and the motion, 'That the 
entertainment be held on March 3, 1908,' is adop- 
ted. The question now recurs to the third propo- 
sition, 'That the tickets be fifty cents.' Are you 
ready for the question?" etc. 

The one motion, when so divided, really be- 
comes three/each one of which can be better con- 
sidered alone than when standing in the original 
form, but which must be taken up in regular 
order. 



Incidental Motions. 103 



To Read Papers. 

The motion to read papers is undebatable, and 
admits of no amendment. It applies both to pa- 
pers under consideration and those not under con- 
sideration. 

Its object is (1) to bring before the assem- 
bly the resolution or communication under con- 
sideration, for a re-reading; (2) to bring before 
the assembly a paper or papers bearing indirectly 
upon the subject under consideration. 

Every member has the undoubted right to know 
what he is voting upon, and in order that he may 
know, the resolution, or other communication, 
must be read to the assembly; but to prevent an 
abuse of this right, a limit must be set to the 
number of times such reading may be demanded. 

In legislative bodies, where hundreds of papers, 
in the form of petitions, memorials, remonstran- 
ces, messages, official reports, etc., are received, 
it is customary to refer them to the appropriate 
committee without reading. 

When reported back, or when the vote is taken 
upon them, they are subject to the rule of three 
readings, tho this may sometimes include one or 
two readings by title. 

When a member wishes to read, or have read, 
papers or documents which are not under imme- 
diate consideration, the consent of the assembly 



104 Parliamentary Laze. 

must be obtained, either by formal vote, or by 
silent assent. It is readily seen how business 
might be interrupted and delayed, if members 
could do this as a matter of right. 

Forms of Motion to Read Papers. 

The form of the motion is simple : 

"Mr. President : I move that the resolution be 
again read"; or, "I move that the paper submit- 
ted by the member be read to the assembly." 

The chair generally says: "If there is no ob- 
jection, the member will read the paper." But if 
some one does object, then he must put it to vote, 
as any other motion, thus : 

"The question is on the adoption of the motion 
that the resolution be read again ; or, that the pa- 
per bearing on the subject, submitted by the mem- 
ber, may be read. All in favor say aye." 

"Opposed, no." 

"The ayes have it, and the paper will be heard." 

Objection to Consideration. 

The Objection to the Consideration of a ques- 
tion is one of the most important of the Incidental 
Motions. Its purpose is to enable the assembly to 
suppress any frivolous, objectionable, or other ir- 
relevant matter immediately upon its presenta- 



Incidental Motions. 105 

tion. It is not intended to cut off debate, merely, 
but it prevents the arousing of ill-feeling, the 
habit of indulging in personalities, and the waste 
of time on useless subjects, by throwing them out 
altogether. 

The motion is undebatable, cannot be amended, 
can have no other motion applied to it, and re- 
quires a two-thirds vote in the negative to sus- 
tain it. 

The objection must be made immediately after 
the chair has stated the resolution, before there 
has been any discussion, and may be made while 
another person has the floor. 

It does not require a second, and can be raised 
by the chair, if he deems it necessary to the best 
interests of the assembly, without waiting for it 
to come from the floor. Its effect is the same as 
that of the Indefinite Postponement, suppression 
of the question for the entire session ; but it dif- 
fers from that motion in four ways, which the 
student should clearly distinguish : 

1. The Objection must be made immediately 
after the main motion is stated by the chair. 

The Indefinite Postponement may be made aft- 
er discussion and amendment, whenever there is 
a return to the main motion. 

2. The first requires no second, while the In- 
definite Postponement must be seconded. 

3. The Objection requires a two-thirds vote to 



106 Parliamentary Lazv. 

sustain it; the other only a majority vote for its 
adoption. 

4. The Objection is not debatable, while the 
Indefinite Postponement is. 

They are alike, in that they are applied only 
to the main motion, not to the subsidiaries. 

The Objection is the only motion in parliamen- 
tary law which is sustained by a negative vote. 

Forms of Objection to Consideration. 

The form is as follows : The following reso- 
lution, "Resolved, That education is useless to 
the man who works with his hands," has been 
moved, seconded, and stated by the chair. 

Immediately a member rises, and says : "Mr. 
President, I object to the consideration of the 
question." 

As it requires no second, and is not debatable, 
the chair puts the question at once : 

"The consideration" (that is, the discussion) 
"of the question is objected to. Shall the question 
be considered? All in favor" (all who want to 
spend time discussing this question) "will rise, 
and stand until counted." 

"Opposed, rise." 

If two-thirds of those voting voted against con- 
sidering the question — that is, voted in the nega- 
tive — then the result would be : 



Incidental Motions. 107 

"The noes have it, and the objection is sus- 
tained" ; or, "the question' will not be considered." 

If two-thirds of the assembly do not care to 
spend time upon any question, they have the pow- 
er to suppress such question at once by means 
of this Incidental Motion. 

If there were not a two-thirds vote in the nega- 
tive, then the result would be : 

"The vote is 20 in favor, and 25 against ; there- 
fore, there is not the requisite two-thirds, which 
in this case would be 30. Hence the objection 
is lost, and the question will be considered. The 
question recurs to the motion, 'That education is 
useless to the man who works with his hands.' 
Are you ready for the question ?" 

The situation is the same now as before the 
objection was raised, and the question is open to 
the usual disposition. 

If a motion which has been suppressed, either 
by the Objection or the Indefinite Postponement, 
is brought up at any succeeding session, it must 
come up under the head of new business. 

Points of Order and the Appeal. 

It is the duty of the presiding officer to pre- 
serve order in the assembly, both as to matters 
of decorum, or behavior, and in reference to the 
rules of debate. He should enforce all rules, 
should not entertain motions which are not in 



io8 Parliamentary Lazv. 

order, and should check a member in debate if 
his manner or words violate the rules of the as- 
sembly or the standard of good breeding and civ- 
ility. 

In the exercise of this authority the chair 
should be supported by the assembly, even to the 
extent of subjecting a disorderly member to cen- 
sure, discipline, and expulsion from the society. 

If any member differs with the chair in his 
decision on any question, he may exercise the 
right of appeal, and if the appeal is seconded by 
another member, the chair must state it, thus 
throwing the question into the hands of the as- 
sembly for judgment. 

The question on the appeal is generally de- 
batable, each member having the right to speak 
once to it, while the appellant, or member raising 
the appeal, can, as in the case of other questions, 
open and close the debate, as a matter of parlia- 
mentary courtesy. 

The appeal should not be debated if an unde- 
batable question was pending, if the previous 
question had been ordered, or if the point of or- 
der preceding it related to a transgression of the 
rules of speaking, to some indecorum, or to the 
priority of business. 

In any case, however, the appellant may, and 
should, state his reason for appealing, and the 
chair give the reason for his decision. 



Incidental Motions. 109 

The debate may be closed by the order of the 
previous question, or the appeal may be laid on 
the table, which latter action has the effect of sus- 
taining the chair, and making his decision the 
judgment of the assembly. 

The appeal must be taken immediately after 
the decision of the chair is rendered ; it cannot be 
raised after any business has intervened ; neither 
may it be renewed after it has been decided, altho 
there may have been additional reasons discov- 
ered which might affect the result of another vote 
upon it. 

The vote on the appeal cannot be reconsid- 
ered, if any action was taken on the resolution 
giving rise to it, after the appeal was passed upon 
by the assembly. 

The objectionable words used by a member, 
upon which a point of order is based, should be 
taken down at once, as the question cannot be 
raised after other business has been transacted, 
except in case of the introduction of some matter 
of a highly privileged character, which would 
necessarily delay it. 

The same is true of making a point of order 
against a motion which has been offered ; the only 
delay recognized is that caused by some* privi- 
leged question, such as adjournment, which cut 
off his opportunity of raising it at the time. 



Parliamentary Law. 



Forms of Point of Order and Appeal. 

The forms for Calling to Order, and the Ap- 
peal are as follows. Suppose the motion to ad- 
journ has been made, and seconded : 

"Mr. President : I rise to a point of order." 

The chair says: "State your point." 

The member rejoins : "The motion to adjourn 
is not in order when the assembly is engaged in 
voting." 

The chair would say: "The point of order is 
well taken. The motion to adjourn at this time 
will not be entertained. The voting will pro- 
ceed." 

Suppose some member thinks the chair is 
wrong. He would rise, and addressing the chair, 
say: 

"I appeal from the decision of the chair." 

If this appeal receives a second, as there must 
be two against the chair, it would be stated thus : 

"The decision of the chair has been appealed 
from. Shall the decision of the chair become the 
judgment of the assembly?" or the shorter form: 
"Shall the chair be sustained?" 

The chair would state his reason for deciding 
as he did, without leaving his place ; and, unless 
the exceptions noted were present, the appeal 
would be open to discussion, each member speak- 
ing once, for or against it. 



Incidental Motions. Ill 

The debate could be closed by the order of the 
previous question, or the appeal could be laid on 
the table. The adoption of the latter motion would 
move it from before the house, and the effect 
would be the same as if there had been an affirma- 
tive vote on the appeal ; that is, the chair would 
be sustained. 

If another point of order were raised while 
this appeal is pending, the decision of the chair 
on it must be final, as there may not be an appeal 
upon an appeal. 

When ready for the vote the presiding officer 
would put it thus : 

"All in favor of upholding the chair in his de- 
cision," or, "All in favor of sustaining the de- 
cision of the chair, say aye." 

"Opposed, no." 

If the vote is in the affirmative, the result would 
be: 

"The ayes have it, and the decision of the chair 
becomes the judgment of the assembly" ; or, "The 
decision of the chair is sustained." 

The business would then proceed as if the ap- 
peal had not been taken. 

Had the vote been a tie, the chair would still 
be sustained, as it requires a majority vote to 
overthrow his decision, and a majority is always 
at least one more than half. 

If the presiding officer is a member of the as- 



Parliamentary Lazy 



sembly, as he usually is in voluntary societies, 
he has a vote, the same as any other member, 
and he may vote on an appeal so as to form a tie, 
and thus sustain his decision. 

Had the majority however, been in the nega- 
tive, the result would be announced thus : 

"The noes have it, and the decision of the chair 
is reversed. The motion to adjourn must be en- 
tertained." 

He would then be compelled to put it to vote, 
altho he knew that it was not in order at that 
particular time. The assembly is greater than 
the officers it selects to guide its deliberations, 
and the latter must obey its mandates, altho it 
may sometimes be mistaken in its conclusions. 

If the point of order was raised against a mem- 
ber while speaking to a question, it could take 
this form : "Mr. President : I call the member 
to order. The language used is objectionable." 

The member must then cease speaking, and sit 
down until the point of order is decided. The 
chair would say : "The chair deems the point of 
order well taken. The member will please refrain 
from the further use of such language if he pro- 
ceeds." 

It becomes the duty of the offending member 
to apologize, and then proceed in an orderly man- 
ner. His proceeding, or not, may be made the 



Incidental Motions. 113 

subject of a motion to be decided by the assem- 
bly. 

If some thought the language used was not 
objectionable, and an appeal was taken, the pro- 
ceeding would be the same as in the first instance. 

The offending member may be permitted to ex- 
plain, either by the chair or the assembly, but 
general discussion or debate is not permissible on 
a point of order. The chair may ask advice of 
members, which should be given while sitting, so 
as not to partake of the nature of debate. 

The chair is competent to raise a point of order, 
or, when raised, to submit it at once to the assem- 
blv for decision. 



"Members must not use harsh expressions 
about other members, must not impute motives, 
but must always attack arguments, and not the 
men who make them." Chapman. 



ii4 Parliamentary Law. 



CHAPTER VI. 
PRIVILEGED MOTIONS. 



"None but Privileged Questions can be brought 
forward while another question is before the as- 
sembly." Thomas Jefferson. 



The fourth, and last class of motions are those 
motions of such importance as to supersede all 
other questions before the assembly for the time 
being. They are always in order when some 
urgent necessity demands immediate action ; 
hence they are called Motions of Necessity. 

Some of them are more urgent than others ; 
therefore, they have an order of precedence 
among themselves. The diagram shows the fol- 
lowing order: 

To fix Time and Place to which to Adjourn. 

To Adjourn. 

To take Recess. 

Questions of Privilege. 

Orders of the Day. 



Privileged Motions. 



115 



Orders of the Day. 

Orders of the Day are of two classes : General 
and Special. 

General Orders are made by a majority, by 
postponing questions to a certain time, and by 
adopting a certain program, or order of business, 
for the day, or for the entire session. 

A Special Order is made by postponing a ques- 
tion to a fixed hour of some certain day. When 
called up, it displaces all other business until it 
has been disposed of, and because of this high 
privilege it requires a two-thirds vote to adopt. 

Some authorities claim, and very reasonably, 
that a majority should be able to postpone a ques- 
tion to a specified hour, since the motion to post- 
pone to a day certain is really making a special 
order, as the question so postponed cannot be 
taken up before that time, except by a two-thirds 
vote. 

The postponement to an hour of a day, they 
say, is not such an unusual proceeding as to re- 
quire the two-thirds vote. 

The practice in small bodies is generally in 
accordance with this latter theory, and is to be 
commended. 

When any subject has been assigned to a par- 
ticular day or hour — that is, has been made either 
a general or a special order — it cannot be consid- 



Ii6 Parliamentary Law. 

ered before that day or hour arrives, except by 
a two-thirds vote of the assembly to that effect. 
When that time arrives however, and it is called 
up, it then takes precedence of all other questions, 
except the motions above it, and the motion to re- 
consider. 

If the order is not called for on the day or hour 
specified it loses its privileged character, and 
comes up later, as any other postponed question, 
under the head of unfinished business. 

When the Order of the Day is called for, the 
Special Orders are considered first, then the Gen- 
eral. After they have been brought before the 
assembly at the appointed time, either by the 
chair, or a demand from the floor, they may be 
again deferred, or disposed of, as any other mo- 
tion, or as if they had been but just proposed. 

The Order was satisfied when called for at the 
designated hour. 

While it requires a two-thirds vote to make a 
Special Order, for the reason that it is a virtual 
suspension of the rules, yet when called up, or 
brought before the assembly, a majority is com- 
petent to dispose of it. 

A Special Order may be made to supersede a 
General Order, but it may not precede or inter- 
fere with another Special Order for the same 
hour. In both classes, the separate questions, if 
any, must be taken up in their exact order, the 



Privileged Motions. 117 

one first assigned to that time taking precedence 
of others assigned later. The form of the motion 
is as follows : 

Suppose the question, "That we donate fifty 
dollars to the school library," is under considera- 
tion at the December meeting, and it is desired 
to postpone it to the next meeting, in such a way 
as to insure at that meeting full time for discus- 
sion, the following method could be adopted. A 
motion to this effect is made : 

"Mr. President : I move to postpone the ques- 
tion, 'That we donate fifty dollars to the school 
library,' to the January meeting, at 11.30 o'clock." 

If the meetings are called to order at 1 1 o'clock, 
it is plain that this would be a suspension of the 
rules of order, and therefore, requires a two- 
thirds vote, as postponed questions generally come 
up under the head of unfinished business. 

If this motion received a second, it would be 
stated, put to vote, and if carried by a two-thirds 
vote, the result, as announced, would be : 

"The affirmatives have it, and the question, 
'That we donate fifty dollars to the school li- 
brary/ is postponed to our next meeting, and be- 
comes a special order for 11.30 o'clock." 

At the next meeting, promptly at 11.30 o'clock, 
whatever business may be before the house, a 
member would address the chair, and say : "Mr. 
President : I call for the Order of the Day." 



n8 Parliamentary Law. 

This motion may be made when another mem- 
ber has the floor, and, like the Objection to the 
Consideration, and the Point of Order, requires 
no second. 

The chair must immediately put the question, 
thus: 

"The Order of the Day has been called for. 
Shall the assembly proceed to the Order of the 
Day ? AH in favor say aye." 

"Opposed, no." 

"The ayes have it, and the Special Order of 
the Day will be considered. The question, 'That 
we donate fifty dollars to the library; is before 
you for consideration. Are there any remarks?" 
etc. 

The Special Order, made at the last meeting, 
by a two-thirds vote of the assembly, has been 
satisfied, and the question it covered may now be 
postponed, laid on the table, referred to a com- 
mittee, made a Special Order again, or disposed 
of in any way, at the will of the assembly. 

After it has been finally disposed of, the busi- 
ness interrupted by it at 11.30 o'clock, will re- 
sume its place, and the meeting will continue as 
though there had been no such interruption. 

Suppose, when the question on taking up the 
order was put, it was decided in the negative. 
Then the result would have been : 



Privileged Motions. 119 

"The noes have it, and the Order of the Day 
will not now be taken up." 

The assembly will proceed with the question 
under consideration, whatever that might be. But 
so soon as that pending question is disposed of, 
the Order must be stated by the chair. 

The negative vote on the call for it merely 
delayed its consideration until the question imme- 
diately before the house was remove*}. If not 
called for at the appointed hour, or after a brief 
delay, it loses its place entirely, and would have 
to come in as new business if brought up again. 

The General Order — that is, the regular pro- 
gram of the day — may be called for, when the 
time has arrived, by any member, thus : 

"Mr. President: I call for the Orders of the 
Day." 

All business stands in abeyance until this ques- 
tion of Order is decided. The chair puts the ques- 
tion to vote without waiting for a second, thus : 

'The Orders of the Day have been called for. 
All in favor of proceeding to the Orders of the 
Day say aye." 

"Opposed, no." 

"The ayes have it, and the assembly will pro- 
ceed to the regular Order." 

The business before the house when the de- 
mand was made is removed as if it had been in- 
terrupted by an adjournment. 



120 Parliamentary Law. 

When a society has adopted an order of busi- 
ness for the day, specifying the hour at which 
each question shall be considered, the chair should 
announce that fact as the time for each question 
arrives, put to vote the pending question, and 
state the one to be next considered. Should an 
objection be raised to this course, the chair must 
submit the question to the assembly in the usual 
way: "Will the assembly now proceed to con- 
sider the subject" (stating it) "assigned to this 
hour?" If the vote is in the negative, he would 
resume the question under consideration ; when it 
is finally decided, state the next in order, and so 
on, until all have been disposed of. 

Questions of Privilege. 

Questions of Privilege must not be confused 
with Privileged Motions, as the latter is a class 
including the former as well as others. 

They arise out of matters affecting the rights, 
safety, integrity, and dignity, of the assembly, 
and those affecting the rights, reputation, con- 
duct, and safety, of the members in their official 
or representative capacity. 

Those affecting the assembly are of higher 
rank, and must precede and be acted upon, be- 
fore those affecting the members individually. 

Questions of Privilege, after assuming the form 



Privileged Motions. 121 

of a motion, are debatable, and may be amended. 
They may also be referred to a committee, be 
postponed definitely or indefinitely, be laid on the 
table, and are subject to the application of the 
previous question. 

If a Question of Privilege is raised, the busi- 
ness before the house is immediately put in abey- 
ance until the Question of Privilege is satisfac- 
torily disposed of; it then resumes its original 
place in the condition existing before its tempo- 
rary displacement. 

\\ nen a Question of Privilege has been re- 
ferred to a committee, postponed, or laid on the 
table, it loses its privileged character, and when 
brought before the assembly again it is treated 
as any other question which has been referred, 
postponed, or tabled. The urgency which made it 
privileged at first, no longer exists ; therefore, 
it becomes ordinary business. 

This high privilege is accorded them because 
the comfort, efficiency, and the very existence 
of a deliberative body may depend upon the 
prompt disposition of a question of this nature. 
The quality of the privilege is rated by the ne- 
cessity of action. If it must be acted upon at 
once, it becomes highly privileged, superseding 
everything else. 



Parliamentary Law. 



Rights of Members. 

Questions of Privilege have to do with the 
rights of the members only, and do not include 
favors which one may want granted by the as- 
sembly, to himself or others. They provide means 
by which he may obtain those rights, when denied 
him ; for instance, if the right of a member to 
participate in the debate, or to present a motion, 
is denied him by the chair, or is interfered with 
unnecessarily by other members, he may rise to . 
a question of privilege, and stating wherein his 
rights are infringed, demand that they be no long- 
er violated. 

He may even interrupt another member for this 
purpose. 

A member may also raise the question of privi- 
lege if he is wilfully or grossly misrepresented on 
a material point, altho a mere misunderstanding 
of his position by the member speaking would 
not be a sufficient cause. 



.Rights of the Assembly. 

Questions affecting the assembly might arise 
from various circumstances : the condition of the 
hall, as to heat, lights, ventilation, number of 
chairs, the neglect of the janitor in caring for it, 
etc. Others might be caused by the behavior of 



Privileged Motions. 123 

members or visitors, quarrels between members, 
the discipline, censure, or expulsion, of a mem- 
ber ; charges made against the official character 
of a member or an officer; the credentials of 
members, votes of thanks to officers and others, 
motion to expel a reporter for false publication, 
and many others. 

Forms of Questions of Privilege. 

The forms are as follows : 

"Mr. President: I rise to a question of privi- 
lege." 

The chair would say: "State your question," 
or, "The member will state his question of privi- 
lege." 

Member : "The hall is oppressively hot. May 
business be suspended until the windows are 
opened and the hall ventilated ?" 

The chair: "If there is no objection, a recess 
will be taken until the hall is ventilated." 

Should some one object by simply saying "I 
object," then the question of privilege would as- 
sume the form of a motion, by the chair's stating 
it thus : "Shall the business be suspended for a 
few minutes in order to ventilate the hall ?" 

The motion is now a privileged motion, taking 
precedence of all other motions, except those of 
adjournment. It may be postponed, referred to 



124 Parliamentary Law. 

a committee, laid on the table, or, if the discussion 
has become tedious, the previous question moved 
and carried, in order to bring it to a vote. In 
this particular instance a vote only would seem 
necessary. 

"All in favor say aye." 

"Opposed say no." 

"The ayes have it, and a recess will be taken 
while the windows are opened." 

After the room had been ventilated the chair 
would call the meeting to order, business would 
be resumed at the place where the question of 
privilege interrupted it, and would continue in the 
usual way. 

Again : 

"Mr. President : I rise to a question of per- 
sonal privilege." 

The chair : "Please state your question." 

Member : "I desire to correct a misstatement 
in an interview given out last evening, and print- 
ed in the morning's Post. My position on the 
financial question is well known in this body, and 
I think a denial of the statements attributed to me 
there is all that is necessary." 

Having placed himself right with his col- 
leagues, the privilege is at an end, and the regular 
order would resume its place. 



Privileged Motions. 125 



To Take Recess. 

The motion to take Recess is one of the privi- 
leged motions, and ranks next to the motion to 
Adjourn, but takes precedence of all other Privi- 
leged, Incidental, and Subsidiary motions. It is 
not debatable, and cannot be amended, or have 
any other subsidiary motion applied to it. 

Its object is to allow the assembly to adjourn 
for a limited time during a session. 

However, should the motion to take a recess 
be made when no other question is pending, it 
is permissible to treat it then as an ordinary main 
motion, subject to debate and amendment. Its 
privilege under such circumstances, would be of 
no advantage. 

The form is very simple : 

"Mr. President: I move to take a recess of 
ten minutes." 

When seconded, the chair- would put it to vote 
at once, thus : 

"Shall the assembly take a recess of ten min- 
utes ? All in favor say aye." 

"Opposed say no." 

"The ayes have it, and the assembly is ad- 
journed for ten minutes." 

When no time is fixed in the motion it is pre- 
sumed to be until the chair calls the meeting to 
order, the exact time depending upon the cir- 



*-m 



126 Parliamentary Lazv. 

cumstances giving rise to it, as when waiting for 
a report of a committee, the result of a ballot, 
changing the temperature of the room, or any 
other temporary condition. 

After a recess the business is resumed, and pro- 
ceeds as though no adjournment had been taken, 
since it is still the same meeting. 

To Adjourn. 

The motion to adjourn ranks above all other 
motions, except the motion "to fix a time to which 
to adjourn." It is never debatable, can never 
be amended, and may not have any other motion 
applied to it. It may be made at any time, except, 

ist. When a member is speaking from the 
floor. 

2d. When the assembly is engaged in voting. 

3d. When the chair is stating or putting the 
question. 

4th. During the verification of a vote. 

It may be made after the vote is taken, and be- 
fore the result of it has been announced ; in which 
case the result of the vote would be announced at 
the next meeting. 

The motion to adjourn, if lost, may be renewed 
or repeated after debate, or any intervening busi- 
ness. 

An assembly may desire to vote down the mo- 



Privileged Motions. 127 

tion to adjourn in order to hear one speech, or 
the reading of one paper, take one vote, etc. ; 
therefore it becomes necessary to give it this high 
privilege. Should it be used, however, simply to 
delay business, or to the annoyance of the assem- 
bly, the chair should exercise his authority, and 
refuse to entertain it. 

The chair has the power, also, to declare an 
adjournment when there is no quorum, and in 
case of such disorder and violence in the assembly 
as to preclude the transaction of business. 

The secretary should record such an adjourn- 
ment, with the reasons of the chair for declaring 
it, that the assembly may have the opportunity, 
later, of passing upon the action and correcting 
any error of judgment which the chair may have 
made. 

When a motion to adjourn is pending, a motion 
to enter a reconsideration of the minutes may be 
made; the motion to "fix time and place to which 
to adjourn" is in order, and from this latter mo- 
tion may arise urgent Privileged questions, a 
question of Order, and an Appeal. 

Parliamentary Inquiries may also be propound- 
ed and answered by the chair. 

Hence a meeting is never adjourned until the 
motion to adjourn has been made, voted upon, 
the result announced, and the assembly declared 
adjourned by the chair. 



128 Parliamentary Law. 



Effect of Adjournment Upon Unfinished Business. 

The effect upon unfinished business, when the 
motion to adjourn is adopted, is as follows : 
Where the motion closes one meeting of a session, 
when the session continues a day, a week, a 
month, or longer, the business interrupted by the 
adjournment would be the next in order after the 
reading of the minutes at the next meeting, un- 
less otherwise provided for by special rule. 

Where regular weekly or monthly sessions are 
held during the year, the business interrupted by 
adjournment at one session comes up in the regu- 
lar order of business adopted by the society, gen- 
erally under the head of unfinished business, and 
is treated as though just introduced. 

If an organization holds but one meeting each 
year, then all business not disposed of when the 
motion to adjourn is adopted falls to the ground, 
and becomes of no effect whatever. 

In an elective body, where all the members, or 
a part of them, are elected for one year, or longer, 
all business not completed at the expiration of 
the term of office is defeated by adjournment ; and 
if brought up again, must come as new business. 

If the motion to adjourn is qualified in any 
way, it loses its high privilege, is not in order 
when other business is pending, and should be 
treated as an ordinary main motion. 



Privileged Motions. 129 

The motion to adjourn sine die is equivalent 
to a motion to "dissolve the assembly," an ordi- 
nary main motion, which may be debated, and is 
like, in all other respects, a principal motion, hav- 
ing no privilege whatever. 

To Fix Time and Place to Adjourn. 

The motion "to fix the time and place to which 
to adjourn" is of the highest privilege, takes pre- 
cedence of all other motions, and yields to none, 
only when adjournment is imminent, and the time 
and place for the next meeting have not been ar- 
ranged for. 

The time and place for meeting are matters 
which generally require debate and amendment, 
and should, therefore, be considered as other im- 
portant main motions; but if not decided when 
an unqualified motion to adjourn has been made, 
then to fix the time and place for the next meet- 
ing becomes highly privileged. Because of this 
privilege, however, and if made when other busi- 
ness is pending, it loses the power of debate, and 
must be disposed of summarily. 

It may be made even after the unqualified mo- 
tion to adjourn has been voted upon, but before 
the result has been announced. 

Its form is as follows : 

Suppose the motion to adjourn had been moved 



130 Parliamentary Laze. 

and seconded, and it was suddenly realized that 
no arrangements had been made for the next 
meeting; then a member would address the chair 
and make the following motion : 

"Mr. President : I move that when we adjourn 
we adjourn to meet in this same hall, at 11 
o'clock, the second day of December." 

When seconded, it would be put to vote at once, 
thus : 

"It is moved, and seconded, 'That when we ad- 
journ we adjourn to meet in this same hall, at 11 
o'clock, the second day of December.' All in 
favor say aye." 

"Opposed, no." 

"The ayes have it, and the motion, 'That when 
we adjourn we adjourn to meet in this hall, at 11 
o'clock, the second day of December,' is adopted. 
The question now recurs to the motion that we 
adjourn. All in favor say aye." 

"Opposed, no." 

"The ayes have it, and the motion to adjourn is 
adopted. 

"The meeting stands adjourned." 

If made when another question is pending, it 
is undebatable, but may be amended as to time. 



Privileged Motions. 131 



"The Chairman should use judgment. The As- 
sembly may be such that a strict enforcement of 
the rules, instead of assisting, would greatly hin- 
der business ; but in large assemblies, where there 
is much work to be done, and especially where 
there is liability to trouble, the only safe course is 
to observe a strict observance of the rules." 

Henry M. Robert. 



132 Parliamentary Lazv. 



CHAPTER VII. 
MISCELLANEOUS MOTIONS. 



"Each member is the equal with every other 
member ; hence the rights of one leave off where 
the rights of another begin, and there must be 
mutual forbearance." Ainsworth. 



There are still a few motions to be considered 
whose nature will not permit the placing of them 
in any one of the foregoing classes ; hence they 
are called Miscellaneous Motions. They are : 

To Ratify. 

To Rescind, or Annul. 

To Renew a Motion. 

To Close Nominations. 

To Take Up Out of Order. 

To Limit, Extend, or Close Debate. 

To Reconsider. 

To Ratify. 

The motion, "To Ratify," is an ordinary main 
motion, used to confirm some action previously 



Miscellaneous Motions. 133 

taken. It is debatable, and also opens up to de- 
bate the question to be confirmed. It may be of- 
fered by any member, without regard to which 
side of the question he had voted on, or to the 
time elapsed since the action was taken. 

It is used in the U. S. Senate to confirm treaties 
entered into with other nations by the President 
or Cabinet. In voluntary bodies it generally im- 
plies the relation of principal and agent, the as- 
sembly, of course, acting in the capacity of prin- 
cipal. 

The form is simple : 

"Mr. President : I move that the agreement 
entered into with Brown & Sons, for papering 
this hall, be ratified." 

When seconded, it would be stated and treated 
as an ordinary main motion. 

To Rescind. 

The Motion to Rescind is used when an assem- 
bly wishes to annul or cancel some action pre- 
viously taken, and it is too late to reconsider the 
vote by which it was adopted. It is an ordinary 
main motion, and may be made at any time sub- 
sequent to the objectionable resolution, order, or 
other proceeding, which it desires to> abolish. 

The motion to rescind may be made by any 
member. It opens the question to be rescinded 
to discussion, and when adopted, the effect is 



134 Parliamentary Lazv. 

the same as tho the resolution or other proceed- 
ing had never been before the assembly at all. 

The form is : 

"Mr. President : I move to rescind the action 
by which the resolution, 'Resolved, That the 
moral influence of the Public School is not as 
good as it should be,' was adopted at the Janu- 
ary meeting." 

When seconded, it would be stated thus : 

"It has been moved, and seconded, to rescind 
the action by which the resolution, 'Resolved, 
That the moral influence of the Public School is 
not as good as it should be,' was adopted. Are 
you ready for the question?" 

Not only the motion to rescind, but the merits 
of the whole question to be nullified, are debat- 
able to a limited extent. 

The question would be put to vote thus : 

"All in favor of rescinding the action by which 
the resolution" (stating it) "was adopted, say 
aye." 

"All opposed, no." 

"The ayes have it, and the motion to rescind is 
adopted." 

The record will show that such resolution has 
been rescinded by the assembly, but the minutes 
of the former meeting, at which the resolution 
just rescinded was adopted, should not be 
changed. 



Miscellaneous Motions. 135 

If the assembly desires to obliterate the record 
entirely, then the motion would be, "to Rescind 
and Expunge"; and if this motion is adopted, the 
Secretary draws a line around the words desig- 
nated, and writes across them the words, "Ex- 
punged by Order dated March — , 19 — ." Such 
defacing of past records, however, is rarely, if 
ever, justifiable. The minutes of every meeting 
show the action and proceedings of that meeting, 
and when true to the facts, and approved by the 
assembly, should stand as evidence of such pro- 
ceedings for all future time. 

To Close Nominations. 

The Motion to Close Nominations is sometimes 
of use during the election of officers, when nom- 
inations have been called for, and there are a 
number of responses. 

When the motion is made, and adopted, it mere- 
ly prevents the public indorsement of other can- 
didates, but does not preclude their being voted 
for and elected. 

Suppose nominations for the office of President 
have been called for, and the election is by bal- 
lot. 

•When all the members have had an opportu- 
nity of nominating, and a number of names have 
been presented, business could perhaps be has- 
tened by the following motion : 



136 Parliamentary Law. 

"Mr. President : I move that the nominations 
be closed." 

When seconded, it would be put to vote at once, 
as it is not debatable, thus : 

"It has been moved, and seconded, 'That the 
nominations be closed.' All in favor say aye." 

"All opposed, no." 

"The ayes have it, and the nominations are 
closed. We will proceed to the election of Presi- 
dent." 

The names proposed before this motion was 
adopted are the candidates publicly announced, 
but if any one votes for another person, legally 
qualified for the office, that person also becomes a 
candidate; and if on that, or a subsequent ballot, 
he should receive the required number of votes 
to elect, he would be elected as fairly as tho his 
name had been presented before the nominations 
were closed. 

To Take Up Out of Order. 

The Motion to Take Up a Question Out of Its 
Order is undebatable, and, because it is really a 
suspension of the rules, requires a two-thirds vote 
to adopt. It has no privilege ; that is, it may not 
be moved when any other question is pending. 

Suppose a question has been postponed to a 
certain specified time, but it is desirable to con- 



Miscellaneous Motions. 137 

sider it before that time arrives. It could be 
brought before the house by means oi this mo- 
tion, thus : 

"Mr. President : I move that the motion, 'That 
we give fifty dollars to the School Library/ be 
. now taken up for consideration." 

If seconded, it would be put to vote, with' lit- 
tle, if any, debate, thus : 

"It has been moved, and seconded, to take up 
the motion, 'That we give fifty dollars to the 
School Library,' for immediate consideration. All 
in favor, rise, and stand until counted." 

"Opposed, rise." 

"Two-thirds have voted in favor; therefore, 
the motion is adopted. The question, 'That we 
give fifty dollars to the School Library,' is before 
you for consideration and disposition." 

It may now be disposed of as any ordinary 
main motion would be. 

To Limit, Extend or Close Debate. 

The motions, To Limit, Extend, or Close De- 
bate, are all undebatable, but admit of amend- 
ment. There are times w T hen it is desirable to 
limit the time that a certain question shall be 
discussed ; or to limit the time each member may 
speak to the question; or, again, to appoint the 
dav and hour that the debate shall be closed and 



I3& Parliamentary Law. 

the question put to vote. This is also true oi a 
pending amendment, or of an amendment to the 
amendment, etc. 

The forms are as follows : 

"Mr. President : I move that the debate on the 
question, 'That we give fifty dollars to the School 
Library,' be limited to 45 minutes"; or, "I move 
that each member be allowed but ten minutes in 
the discussion of the question"; or, "I move that 
the discussion be closed at 12 o'clock." 

When seconded, the question would be put im- 
mediately, thus : 

"All in favor of limiting the debate on the ques- 
tion, 'That we give fifty dollars to the School 
Library,' to 45 minutes, rise, and stand until 
counted." 

"All opposed, rise." 

"There is a two-thirds majority in favor. The 
debate will be limited to forty-five minutes." 

The other motions are disposed of in the same 
way. 

To Renew a Motion. 

The rule is that when a motion has been acted 
upon by the assembly, it is disposed of for that 
session, and may not be brought forward again 
except by means of the motion to reconsider. 

But while this is true of the main motion and 
amendments, it does not apply to the more privi- 



Miscellaneous Motions. 139 

leged motions. The interests of the assembly 
may be better subserved by the renewal of one or 
more of them, altho they may have been voted 
down a short time before. 

Whenever the status of the question has in any 
way been changed, so that it is really not quite 
the same question as it was when the subsidiary, 
or other motion, was made, then such subsidiary, 
or other motion, may be renewed. 

The motion to adjourn, we learned, may be 
renewed after the transaction of any business, or 
even mere progress in debate. 

Any one of the following motions may be re- 
newed at the same session, providing the state 
of affairs has been altered since it was last made : 

Subsidiaries. 

To lay on the table. 

To postpone to definite time. 

To commit. 

To postpone indefinitely. 

All Incidental Motions, except to suspend the 
rules, for the same purpose, altho if the question 
was not finally disposed of, this motion may be 
renewed on the same question at a future meet- 
ing. 

All Priveleged Motions, except the call for the 
orders of the day, after being defeated, while the 
same question is still pending. 

Suppose a main motion is pending, and a mo- 



140 Parliamentary Law. 

tion to lay on the table is made, but voted down ; 
then a motion to refer to a committee is made, 
and is under discussion. The status of the ques- 
tion now is different from that existing when the 
motion to lay on the table was rejected. The 
friends of the measure would, perhaps, prefer it 
to go to the table than to a committee, and would 
now vote for that motion, if offered. Because 
of this change, the motion to table is again in 
order. The latter motion, however, would not 
be in order if made after the motion to refer to 
a committee had been voted on and defeated, for 
the reason that the question would then have gone 
back to the same condition existing when the first 
motion to table was made. 

Again, suppose the motion, "That we give fifty 
dollars to the School Library" is pending ; a mo- 
tion to indefinitely postpone it has been made, 
and defeated ; then one or more amendments have 
been adopted, so that it is now really a different 
question. 

The motion to indefinitely postpone could be 
renewed now, and, if adopted, dispose of the ques- 
tion, in spite of the improvement made by the 
amendments. 

The motion to reconsider, when acted upon, 
cannot be renewed, unless the motion reconsid- 
ered was amended at that time. 

A motion which has been withdrawn has not 



Miscellaneous Motions. 141 

been acted upon, and, therefore, may be renewed 
at the same meeting. 

To Reconsider. 

The Motion to Reconsider is used to recover 
possession of a motion which has been disposed 
of. It cannot be amended, because it is already 
in the simplest form. 

It may be debated when the motion to which 
it is applied is debatable, and the previous ques- 
tion has not been ordered. When debatable, the 
merits of the question to be reconsidered are open 
to discussion. Under the operation of the motion 
to reconsider, it becomes possible to debate a main 
motion three times : 

When first presented. 

While the motion to reconsider is pending. 

When the question has been brought before the 
house again, by the adoption of the motion to re- 
consider. 

When the motion to reconsider a vote by which 
another motion was adopted prevails, the original 
question resumes its place before the assembly in 
exactly the same condition which existed before 
the first vote on it was taken. It may be again 
debated, amended, or have any subsidiary motion 
applied to it. 

If the vote on the original motion had been 
taken under the order of the previous question, it 



142 Parliamentary Law. 

is divested of the previous question when recon- 
sidered, unless the effect of the previous question 
had not been entirely exhausted by votes taken 
on all the questions covered by it, before the mo- 
tion to reconsider was made. 

Since the question assumes the exact condition 
existing before it was put to vote, if a member 
had previously exhausted his right of debate he 
could again take part in the discussion only when 
the motion to reconsider was pending, not after 
the question had been reinstated. 

If the motion to reconsider is lost, the question 
sought to be reconsidered is in no way affected. 
The motion to reconsider the vote by which a 
question was adopted, or lost, is in order at any 
time, even when the assembly is voting on the 
motion to adjourn, or when another member has 
the floor; but while this high privilege allows it 
to be made, and entered on the minutes, it must 
wait for consideration until there is no other ques- 
tion before the house. 

In societies which hold meetings at regular in- 
tervals, as often as once a month, the motion to 
reconsider must be made during the meeting at 
which the question to be reconsidered was voted 
on, or at the next succeeding meeting. If not 
made then, the only means of reaching the ques- 
tion is to rescind it, if adopted, and to renew the 
motion, if lost. 



Miscellaneous Motions. 143 

The motion to reconsider must be made by one 
who voted on the prevailing side, unless the vote 
was by ballot. The prevailing side may be either 
the affirmative or the negative ; if a motion re- 
quiring a two-thirds vote was not carried, the 
prevailing side would, of course, be the negative ; 
and in case of a tie, which always loses, the mo- 
tion must come from one who voted against the 
measure. 

If the motion is to reconsider a subsidiary mo- 
tion, it must be acted upon at once, in order not 
to delay the progress of the main motion to which 
the subsidiary was applied. 

The motion to reconsider, whenever debatable, 
may be brought to vote by the operation of the 
previous question. It may be postponed to a 
given time, and it may be laid on the table, with- 
out, however, tabling the original question. The 
effect of the motion to reconsider is to hold in 
abeyance the question which is sought to be re- 
considered, until the motion to reconsider is defi- 
nitely disposed of. 

This suspensive effect is limited to the sessions 
of an assembly holding daily meetings, and to the 
close of the next meeting, when held at regular 
stated intervals; as often as once a month. In 
case of a permanent society holding regular meet- 
ings, the effect of the reconsideration will not 



144 Parliamentary Law. ■ 

continue beyond an adjourned meeting held on a 
different day. 

During the meeting at which it was made any 
one may call it up for consideration, when no 
other question is pending; but should it extend 
to the next meeting, then only the one having it 
entered on the minutes may call for it. 

What Motions May Be Reconsidered. 

The motion to reconsider may be applied to the 
vote on all motions, except to adjourn, to suspend 
the rules, an affirmative to lay on the table, or to 
take take from the table, and a vote electing to 
office one who is present and does not decline. 
In general, any motion may be reconsidered which 
does not go into immediate effect, and no motion 
can be reconsidered after any action has been 
taken under it which cannot be reversed by the 
assembly. 

If, for instance, the previous question has been 
partly executed, it cannot be reconsidered. No 
question can be reconsidered more than once, un- 
less, when first reconsidered, it was amended. 

If it is desired to reconsider the vote on an 
amendment, which has been either adopted or re- 
jected, after the main motion to which it applied 
was adopted, the only way of reaching such 
amendment is bv first reconsidering the vote on 



Miscellaneous Motions. 145 

the main motion ; when that is reopened to con- 
sideration, then the vote on the amendment, or 
amendments, in order, may be reconsidered; so 
thai the whole question, with the pending amend- 
ments, is brought again before the assembly for 
renewed action. 

The motion to Reconsider, if made when no 
other question is pending, yields to all Incidental 
motions, and all Privileged motions except the 
Order of the Day. If the motion is made, and 
entered on the minutes, while other business is 
in progress, it may be called for so soon as the 
question then pending is disposed of; and when 
called for then, or at any time later, it takes pre- 
cedence of everything except the motions to ad- 
journ, and to fix time and place to which, to ad- 
journ. When it has been called for it is subject 
to the same treatment as other motions, and if in- 
terrupted by adjournment, holds over as unfin- 
ished business. 

The motion to Reconsider is in order in a com- 
mittee, only when every member who voted on 
the prevailing side of the question to. be recon- 
sidered is present; but it is not restricted by any 
time limit. 

Form of Motion to Reconsider. 

The form of the motion is as follows : 

"Mr. President : I move to reconsider the vote 



146 Parliamentary Law. 

by which the motion, 'That we give fifty dollars 
to the School Library,' was adopted" (or lost), 
"and ask that the motion be entered on the min- 
utes." 

The chair asks if he voted on the prevailing 
side. 

The proceedings would be suspended until the 
secretary enters the reconsideration, with the 
name of the mover, on the record of the meeting. 
When the question pending was disposed of, or 
at any time during that session, or the next ses- 
sion, when no other question was before the as- 
sembly, the motion to reconsider could be called 
for by any member, at the meeting when it was 
made, or by the mover, at the next meeting, in the 
following manner : 

"Mr. President: I call for the motion to re- 
consider the vote by which the motion, 'That we 
give fifty dollars to the School Librarv,' was adop- 
ted." 

When this is seconded, the chair states it, thus : 
"The reconsideration entered on the minutes" 
(stating the time) "has been called for. Shall 
the vote on the motion, 'That we give fifty dollars 
to the School Library,' be reconsidered? Are 
you ready for the question?" 

This is now debatable, and also allows discus- 
sion of the main motion. The motion to recon- 
sider may be postponed until later in the meeting. 



Miscellaneous Motions. 147 

It may be laid on the table, but in that case the 
original motion is no longer bound by it. It 
yields only to the motion to adjourn. If the dis- 
cussion becomes tedious, the previous question 
may be moved, and, if ordered, affects only the 
motion to reconsider. 

The vote on it would be put thus : "The ques- 
tion is on the adoption of the motion to reconsider 
the vote by which the motion, 'That we give fifty 
dollars to the School Library,' was adopted. All 
in favor say aye." 

"Opposed, no." 

"The ayes have it, and the motion to reconsider 
is adopted. The motion, 'That we give fifty dol- 
lars to the School Library,' is before you for your 
consideration." 

By the operation of the motion to reconsider, 
the question to which it was applied is restored 
to the assembly in the exact condition in which 
it stood immediately before the vote disposing of 
it was taken. It is now subject to any disposi- 
tion which the assembly may desire. 

If the motion to reconsider is made when no 
other question is pending, it is not so highly privi- 
leged, and yields to all the Incidental and Privi- 
leged motions, except the Call for the Orders of 
the Day. 

Its form is simple : 

"Mr. President : I move to reconsider the vote 



Parliamentary Lazv. 



by which the motion, 'That we give fifty dollars 
to the School Library/ was referred to a com- 
mittee." 

The chair inquires if the member voted on the 
prevailing side, and, when seconded, would state 
it thus : 

"It has been moved, and seconded, to recon- 
sider the vote by which the question, 'That we 
give fifty dollars to the School Library,' was re- 
ferred to a committee. Are you ready for the 
question ?" 

This applies to a subsidiary motion, and must, 
therefore, be acted upon at once, altho it may be 
debated. It would be put to vote thus : 

"The question is on the adoption of the motion, 
'to reconsider the vote by which the question, 
"That we give fifty dollars to the School Li- 
brary," was referred to a committee.' All in 
favor say aye." 

"Opposed, no." 

"The ayes have it, and the motion to reconsider 
is adopted. The question, 'That we give fifty 
dollars to the School Library,' is again before 
you, divested of the motion to commit." 

The vote on the subsidiary motion to commit 
has been reconsidered, and the question commit- 
ted brought back again. 

The motion to Reconsider never requires more 
than a majority to adopt, altho the question to 



Miscellaneous Motions. 149 

be reconsidered may have been adopted by a two- 
thirds, or even a larger number, of votes. 

Parliamentary Inquiries. 

Parliamentary Inquiries are questions ad- 
dressed directly to the chair concerning the prop- 
er conduct of business, and to which it is the duty 
of the chair to respond with satisfactory explana- 
tions, but without arguing the point. They do 
not include points of order, but refer only to the 
meaning of a rule, whether a certain proposition 
would be in order if presented, etc. They should 
be confined, as far as possible, to matters imme- 
diately before the assembly. 

The form is as follows : 

"Mr. President: I rise to a parliamentary in- 
quiry." 

The chair: "State your inquiry." 

Member : "Would a motion to reconsider the 
question" (stating it) "be in order?" 

The chair : "It is in order" ; or, "it is not in 
order" (according to circumstances). 



150 Parliamentary Law. 



"There seems to be no reason or good prece- 
dent for permitting merely two persons, by mov- 
ing a reconsideration, to suspend for any length 
of time all action under resolutions adopted by 
the assembly; and yet, where the delay is very 
short, the advantages of reconsideration over- 
balance the evil." Henry M. Robert. 



Voting. 151 



CHAPTER VIII. 
VOTING. 



"The only case where a member has a right to 
insist on anything is where he calls for the exe- 
cution of a subsisting order of the assembly." 
Thomas Jefferson. 



Voting is the most important act of every de- 
liberative assembly, and is the only means of ob- 
taining a decision of the members on any ques- 
tion. 

Common Parliamentary Law requires only a 
majority vote for the adoption or defeat of any 
measure ; but this rule has been modified by socie- 
ties and legislatures so generally, in respect to a 
certain class of motions, that it is contended by 
some that such modifications are really a part of 
the common law. 

The majority — one more than one-half of the 
members — as concerns the acts of the assembly, 
is the assembly itself; therefore, if the majority 
agree, it is an agreement by the whole body ; and 



152 Parliamentary Law. 

yet experience has proven the wisdom of allowing 
a mere plurality to rule in some cases and to re- 
quire a two-thirds vote in others. 

Less than a majority, however, can never de- 
cide questions upon resolutions, orders, bills, etc., 
a plurality vote, the largest of several votes, be- 
ing permitted only in the election of officers, 
where there are more than two candidates. Even 
then, the election of an officer by a plurality vote, 
which is not equal to a majority, is often ratified 
by a majority vote of the assembly. 

The motions for which the two-thirds vote is 
required are all motions which in some way inter- 
fere with the right of discussion of the question, 
or the right to enforce rules previously adopted 
by the assembly. 

Motions Requiring Two-thirds Vote. 

The following list comprises those motions re- 
quiring a two-thirds vote. A careful examina- 
tion will show that each one has the effect of 
changing or suspending some rule common to all 
deliberative bodies. They are : 

1. To Amend the Rules (also requiring pre- 
vious notice). 

2. To Suspend the Rules. 

3. To Make a Special Order. 

4. To Take up a Question out of its Proper 
Order. 



Voting. 153 

5. An Objection to the Consideration of the 
Question. 

6. To Extend, Limit, or Close Debate. 

7. The Previous Question. 

The rules adopted by an assembly for the con- 
trol and conduct of its proceedings are adopted 
by a majority, and may be repealed by a majority 
vote, when no longer adequate to its needs ; but 
so long as they remain on the statute books, or 
continue a part of its organic law, they may not 
be suspended for a particular purpose, or on par- 
ticular occasions, by less than a two-thirds vote. 

So long as they exist they should govern, but 
for the sake of convenience, when some unusual 
situation arises, the privilege of suspending them 
temporarily is generally put into the hands of 
two-thirds of the body. 

This two-thirds vote always means two-thirds 
of those voting; but the rule may be expressed 
so as to mean two-thirds of those present, or two- 
thirds of the whole membership. 

In any case, the provisions of the constitution, 
by-laws, standing rules, or rules of order, must 
be followed. 

If a regulation of the society provides that the 
amendments to the by-laws be adopted by two- 
thirds of those present, then such amendment 
would be carried only by the affirmative vote of 
two-thirds of those present. All must be count- 



154 Parliamentary Law. 

ed; the ones not voting would be counted in the 
negative, as a matter of course. 

If two-thirds of the whole membership were 
required, the members on the roll must be count- 
ed, and two-thirds of the whole number must 
vote in favor, regardless of the number present. 

The last two methods are very awkward, and 
should not be required except in matters of the 
gravest importance to the whole assembly. The 
vote is always taken in the affirmative first, and 
must be followed by the negative. 

Every member should take his part in the trans- 
action of business by voting, as well as in mak- 
ing motions and discussing the question. Should 
he not do so voluntarily, however, there is no way 
of compelling him to do so. 

Only those who vote are counted, either in the 
affirmative or negative, except in cases requiring 
a vote of all present, or of all the members. Those 
who do not vote are, however, silently assenting 
to the action of the majority, whether for or 
against the measure, and are not at liberty to 
question such action afterward. 



Methods of Voting;. 

There are several methods of voting, all of 
which have been sanctioned by long and estab- 
lished practice. They are : 



Voting 



155 



1. By silent assent. 

2. By voices. 

3. By showing hands. 

4. By division. 

5. By roll-call, or by yeas and nays. 

6. By ballot. 

Silent Assent. 

The chair uses the first method, silent assent, 
when he puts the question on routine matters, and 
on motions which he has reason to think will not 
meet with any objections. 

When the minutes of the preceding meeting are 
read, it is usual for the presiding officer to say : 
"If there are no objections, the minutes will stand 
approved" ; or, when the mover of a motion 
wishes to withdraw it, the chair often says : "If 
there is no objection, the motion will be with- 
drawn." 

If no one objects, he would, in the first in- 
stance, declare the result, as though the vote had 
been taken in the usual way, thus : "The minutes 
are approved" ; and in the second instance, "The 
motion is withdrawn." 

Had there been an objection raised, by a mem- 
ber saying, "I object," then the result could not 
have been announced until the affirmatives and 
negatives were both taken, and the majority had 
decided the question. 



156 Parliamentary Law. 

By silent assent many things may be done with- 
out the formality of a vote, and thus the time of 
the assembly saved for other matters. It should 
be used, however, with discretion, and may be 
avoided always by one objector. 

Voice. 

Voting by voices is the usual method, and one 
familiar to all. It is used not only for motions, 
resolutions, bills, orders, etc., but sometimes in 
the election of officers, when there is but one can- 
didate, and the rules do not provide for election 
by ballot. 

There are various ways of putting a question 
to vote, but the differences are in details, and 
slight. 

One form, which is brief, clear, comprehensive, 
and dignified, and which, once learned, will not 
be easily forgotten, has been adhered to in this 
book. 

The chair says : "The question is on the adop- 
tion of the motion" (stating it). "All in favor 
say aye." 

When the assembly votes, he puts the negative 
thus: 

"All opposed say no." 

Then the result is announced : "The ayes have 
it, and the motion is adopted" ; or, "The noes have 
it, and the motion is lost." 



Voting. 



157 



In case of a tie vote, the motion is lost, unless 
the chair gives his vote in favor of it, as he has 
a right to do ; since, if a member of the assembly, 
he may always vote, when his vote will affect the 
result. He may vote in the negative to form a 
tie, and thus defeat a measure. The tie loses, 
because every question must be carried by a ma- 
jority. At the very least, there must be one more 
than one-half the votes in favor of it. 

The only exception to the rule that a tie vote 
loses is in the case of an appeal from the decision 
of the chair. The principle here is that it requires 
a majority to overthrow the decision, since it al- 
ready exists. 

An equal number of votes does not affect the 
judgment of the chair. The chair may also vote 
in the negative, so as to form a tie, and thus sus- 
tain his ruling. 

While taking a vote, any member may rise, ad- 
dress the chair, speak, or make a motion, and thus 
continue the consideration of the question, after 
the affirmative side has been put ; the presence of 
the member in the room when the vote was partly 
taken is not material; also, when the chair has 
announced the vote, and it is found that a mem- 
ber had risen, and addressed the chair, before the 
negative was put, such member is still entitled 
to be heard. 

In either case, the question is again open, and 



158 Parliamentary La 



when the final vote is taken the affirmative must 
be again put, and followed by the negative, as 
though for the first time. 

A member has the right to change his vote (ex- 
cept when taken by ballot) before the result has 
been finally announced by the chair, but not after- 
ward. 

No one votes on a question affecting himself, 
unless there are other names included in the reso- 
lution ; all would exercise the right in the latter 
case, as otherwise a minority could control by 
including in the resolution the names of a suffi- 
cient number of the members. 

Showing Hands. 

The third method, by showing hands, differs in 
no respect from the viva voce vote, except that 
when the chair puts the question he substitutes 
the words, "Raise your hands," for "Say aye," 
and "no." 

The members respond in the same way, first 
in the affirmative, and then in the negative ; and 
the result is ascertained in both cases by counting 
the hands raised. 

By Division. 

Voting by Division is not often used, except 
when there is doubt as to the result after voting 
by voice. The chair, or any member, may call 



Voting. 



159 



for it immediately after the vote is taken, either 
before or after it is announced, but not after other 
business has been introduced. 

In voting by Division, those in favor of the mo- 
tion are called upon to rise ; then, when they have 
been counted by the secretary or tellers, and are 
seated, those voting against it rise, and are count- 
ed in like manner ; after which the chair an- 
nounces the result in the usual way. 

Both sides may vote at once, by separating, the 
affirmatives going to one side of the hall and the 
negatives to another. 

Or, the members may walk by the tellers, who 
take the vote, aye or no, as they pass. 

Tellers may always be appointed by the chair 
to assist in making the count. 

When a vote is being verified by division, nei- 
ther debate nor motions are in order. 

When a vote has been verified by standing, or 
by raising hands, and the result announced, fur- 
ther verification is in order only by unanimous 
consent, or by a reconsideration of the vote. 

This form is very simple. Suppose the chair 
is in doubt in regard to the number voting in the 
affirmative and negative, he would state the case 
plainly, by saying: 

"The chair is in doubt. Will all those in favor 
of this motion stand until counted ?" When count- 
ed, he would say: "Be seated." Then: 



160 Parliamentary Lazu. 

"All those opposed, rise, and stand until count- 
ed." After the count had been taken he would 
again say, "Be seated," and then announce the 
result, thus : 

"There are fifteen votes in the affirmative and 
ten in the negative. The motion is adopted." 

Roll-call on Yea and Nay. 

The vote by roll-call, or by yeas and nays, is 
used to secure absolute certainty, as well as a rec- 
ord of the individual votes. This method of vot- 
ing is peculiar to this country, and is not used 
often outside of legislative assemblies. By the 
Constitution of the United States, one-fifth of the 
members present, in either house of Congress, 
may order a vote to be taken by yeas and nays. 

A similar provision is made in most representa- 
tive bodies. The Common Law requirement is 
that the yea and nay vote may be ordered only by 
a majority vote. 

This method of voting may not be called for 
as of right, because it requires so much time of 
the assembly to enter the name of each voter on 
the minutes, and because a member may not be 
compelled to publish his vote, except there be 
some special reason therefor, and then only upon 
an order of the assembly. 

Voting in this way, the chair states both sides 



Voting. 161 

of the question at once, the secretary calls the 
roll, and as the member rises and responds, either 
"aye," or "no," his vote is entered on the record. 
When all the names have been called the secre- 
tary reads the names of those voting in the af- 
firmative, then those voting in the negative, that 
possible mistakes may be corrected ; he then hands 
the list to the chair, who announces the result. 
The entire vote must then be entered on the min- 
utes. 

Xo one can be excused from voting; neither 
may the debate be renewed after the secretary 
has begun to call the roll. 

The yeas and nays is not in order in the Com- 
mittee of the Whole. 

Sometimes the call for the yea and nay vote is 
made at the same time that the resolution is sub- 
mitted. In such a case the chair does not notice 
the call until the resolution is seconded; then, 
after stating the resolution, he would add : "Shall 
the yeas and nays be ordered?" If the required 
number, where a special rule exists, or a major- 
ity, respond in favor, then the vote on the resolu- 
tion will be taken by that method. 

The full and free discussion of the resolution is 
in no way interfered with; the order merely fixes 
the manner of taking the vote. 

The usual form of the call is as follows : 

"Mr. President : I call for a yea and nay vote 



162 Parliamentary Law. 

on the question, 'That we give fifty dollars to the 
Library.' " 

When seconded, since it is undebatable, the 
chair puts it to vote immediately, thus : 

"The yea and nay vote has been called for on 
the question, 'That we give fifty dollars to the 
Library.' All in favor say aye"; or (where a 
certain number is required), "All in favor, rise, 
and stand until counted." Then : 

"All opposed, rise." 

Then the result would be announced, thus : 

"The required number" (or a majority) "has 
voted in favor. The yeas and nays are ordered." 

When the question is ready for voting, the 
chair would put it in this way : 

"The question is on the adoption of the motion, 
'That we give fifty dollars to the Library.' All 
that are in favor, when their names are called, 
will say 'aye.' Those that are opposed will say 
'no.' " 

The secretary calls the names from the roll, 
making a note of each vote as given ; when com- 
pleted, the whole list is read over, mistakes cor- 
rected, if any ; opportunity given to change their 
votes, if desired; then handed to the chair, who 
announces the result, thus : 

"There are fifteen votes in favor of the motion, 
and ten against. The motion is adopted." 



Voting. 163 

A record of every member's vote should be en- 
tered on the minutes for future reference. 

Ballot Vote. 

Voting by ballot is the method used to secure 
a secret vote, and is accomplished by means of 
white and black balls, or by written or printed 
slips of paper. It is not resorted to, usually, ex- 
cept for the election of officers, and the admission 
of candidates to membership. Whenever vote by 
ballot is required by the constitution or by-laws 
of a society, by the charter of a corporation, or 
by statute law, it must be so conducted as to give 
every member a secret vote. 

A majority vote, nor even unanimous consent, 
cannot alter nor evade that requirement. - 

Casting Ballot by Secretary. 

A motion for the secretary, for the chair, or 
for any member, to cast the ballot for one candi- 
date, or for all the candidates, under such pro- 
visions, is always out of order. 

Candidates so elected are not legally elected, 
and the manner of such election is contrary to the 
whole spirit and purpose of the ballot vote. 

The point is always raised, in favor of such 
practice, that any one may object, and thus com- 
pel a ballot vote. It is not right to compel a mem- 



164 Parliamentary Law. 



ber to publish his vote, as he must do, by object- 
ing to the casting of it by the secretary, when 
he has the right of a secret vote, by virtue of the 
Constitution, or other law. 

The duty of balloting is individual and per- 
sonal, and cannot be delegated to another, unless 
it be where different delegations are required to 
vote as a unit, when, of course, some one member 
is appointed to cast the result of the vote of the 
delegation. 

When a motion is made to instruct the secre- 
tary, or some other member, to cast the ballot for 
a candidate, the chair should at once declare it 
out of order. If he fail to do so, a member 
should rise to a point of order, thus preventing 
a violation of the law of the organization, and 
perpetuating a practice subversive of a funda- 
mental principle. 

The chairman usually appoints two or more 
tellers, who prepare and distribute slips of paper, 
upon which each member, including the presid- 
ing officer, writes the name of the candidate for 
whom he wishes to vote, the names of the candi- 
dates having been previously announced, either 
by nominations from the floor, or by a report of 
a committee appointed for that purpose. The 
members are not restricted, however, to names 
thus proposed, but may vote for any one legally 
qualified for the office. 



Voting. 165 

The teller collects the ballots, counts them, and 
reports to the presiding officer, who announces 
the result in the following manner: 

"The whole number of votes cast for presi- 
dent is 50. 

"Number necessary to election is 26" (if a ma- 
jority vote is required). 

"Mr. A. received 28. 

"Mr. B., 12. 

"Mr. C, 10. 

"Mr. A., having received the required number, 
is elected." 

In counting ballots, all blanks are ignored ; and 
in voluntary societies, ballots should be credited 
to the candidate for whom they were intended, 
regardless of slight inaccuracies which may exist. 
The chair, when a member of the society, always 
votes when voting is by ballot ; but should he 
neglect to do so until after the ballots are count- 
ed, he cannot then vote, except by permission of 
the assembly. A member cannot change his vote, 
when by ballot. 

Declaring Vote Unanimous. 

A ballot vote which was not unanimous cannot 
be made so by a motion to that effect. 

A motion to declare the vote unanimous, when 
it was not so, is not in order, and has no effect 
upon the election if adopted. 



1 66 Parliamentary Lazv. 

The minutes show the result of the ballot, and 
the motion to declare it unanimous does not, and 
cannot, change the record. If the defeated can- 
didate, or his friends, wish to show their friendly 
attitude toward the successful candidate, it should 
be done in some way which is in keeping with the 
requirements of the organic law. 

Voting by Proxy. 

Voting by proxy is not permitted, except by 
some special rule, or by the unanimous consent 
of the assembly. When permitted, a committee 
should be appointed to receive and report on 
them. 

The following is a simple form which will 
serve in ordinary societies : 

I hereby constitute and appoint Mr. A. to vote 
as my proxy at the annual meeting of the Liter- 
ary Society, to be held on January the tenth, 1908, 
or any adjourned meeting thereof, for the election 
of officers, and upon such other questions as may 
properly come before such meeting. 

John Jones. 

January 2, 1908. 

Proxies do not affect the question of quorum. 



Voting. 167 



Casting Vote. 

The casting vote is that given by the presiding 
officer when the vote of the assembly has resulted 
in a tie. When he has already voted as a mem- 
ber, he may not vote a second time, even in order 
to break the tie. 

If the presiding officer is not a member of the 
body he cannot vote at any time, except such 
power has been conferred upon him by special 
statute. 

The Speaker of the National House of Repre- 
sentatives is a member of that assembly, there- 
fore he may vote at all times when his vote will 
affect the result. 

The Vice-President presides over the Senate, 
by virtue of the Constitution of the United States, 
but he is not a member of that body, and, there- 
fore, has no vote. The Constitution, however, 
confers upon him the power of casting a vote 
when the vote of the Senate results in a tie. 

Lieutenant-Governors of States are usually 
given such authority by the State constitutions. 

Quorum. 

A quorum is the number of members of an 
organization legally competent to transact busi- 
ness. 



1 68 Parliamentary Law. 

Under the common parliamentary law a quo- 
rum is never less than one-half the entire mem- 
bership, but a smaller number is often fixed by 
special rule. 

When less than a majority is authorized to do 
business, it is necessary to state the time and 
place of meeting, or to require the presence of 
the regularly elected officers, in order to prevent 
possible formation of different sections, equally 
competent to act for the whole body. 

Legislative bodies do not modify the common 
law requirement, while voluntary societies find it 
generally aids their purpose to do so. 

Debate may continue after a quorum has been 
broken, but voting may not; and the debate it- 
self would have to cease should the question of 
quorum be raised. The only business in order 
then would be a motion to adjourn, or to fix a 
time and place to which to adjourn. 

A majority of a quorum must take part in the 
voting to render it legal. A quorum of a stand- 
ing or special committee is a majority, unless 
modified by special rule, the committee itself hav- 
ing no power to regulate it in any way. 

In a Committee of the Whole the quorum is 
the same as in the assembly. 

Unanimous consent cannot be given when no 
quorum is present. 



Voting. 169 

The chairman alone may adjourn the body 
when no quorum is present, or when those pres- 
ent will not vote for adjournment. 



"Members must not use harsh expressions 
about other members, must not impute motives, 
but must always attack arguments, and not the 
men who make them." Chapman. 



170 Parliamentary Lazv. 



CHAPTER IX. 
ORGANIZATION. 



"Wherever there is an Assembly there is need 
of Parliamentary Law, so that the Assembly may 
proceed in orderly fashion, with as little jar and 
discord as possible, and accomplish the work to 
be performed; which work is, in all instances, 
to obtain, the sense of the assembly and shape its 
action in accord therewith." 

Thomas B. Reed. 



Assemblies differ in membership and purpose, 
but all, when once organized, meet with the im- 
plied understanding that they will be governed 
by the general custom or law of such assemblies. 

Until an assembly is fully organized, it cannot 
make any special rules, but after complete organi- 
zation the general parliamentary law may be mod- 
ified in minor matters to meet the especial need. 

All assemblies are, from their nature, demo- 
cratic, and the will of the majority must control ; 
but the majority controls only after due consid- 
eration. 



Organization. 171 



As one of the fundamental principles of Par- 
liamentary Law is that all questions are debat- 
able, then it seems that deliberation should pre- 
cede decision. This principle is based on the sup- 
position that the intention of an organized body 
is to arrive at a conviction in respect to the ques- 
tion before it takes action, and not to act on the 
first impression. 



Kinds of Assemblies. 

Assemblies are of three kinds : Voluntary, 
Representative, and Legal. 



Voluntary. 

Voluntary Assemblies are formed by calling 
together all those interested in some specific ob- 
ject. They may be either occasional or perma- 
nent. 

Occasional assemblies include mass-meetings, 
meetings called to consider matters of general or 
local interest, political caucuses, and all bodies 
organized for some purpose specified in the call, 
and which are dissolved as soon as that purpose 
is accomplished. Permanent bodies are those 
which meet at certain times fixed by their con- 
stitutions, by a statute, or by the constitution of 
the State. 



172 Parliamentary Law. 

Representative. 

Representative Assemblies are those having a 
membership composed of delegates from other 
societies, whose duty it is to act for those socie- 
ties in the representative body. They include all 
political and other conventions in which the mem- 
bers are required to present credentials to certify 
their claims to membership. 

Legal. 

Legal Assemblies are those created by law, or 
by the operation of law, the members of which 
are elected, or appointed, according to the pro- 
visions of the law creating them. 

These include constitutional conventions, legis- 
latures, city councils, and all official boards. 

Lodges, and all societies of that order, are, 
from a parliamentary standpoint, legal assem- 
blies, as they are organized and maintained under 
a central and higher authority. 

Organization. 

Organization is of two kinds — Temporary, and 
Permanent. 

Temporary. 

A Temporary Organization is had when a 
meeting is called for a single purpose, or when 



Organization. 173 



called for the formation of a permanent conven- 
tion, society, etc., at which time^ it serves as the 
preliminary step to the permanent organization. 

Permanent. 

A Permanent Organization is necessary where 
an assembly intends holding a series of meetings 
in succession, as a convention, or a meeting, at 
certain fixed intervals, as once a month, or a ses- 
sion extending over several months, as a legisla- 
ture. 

It consists in electing officers, appointing com- 
mittees, adopting rules, etc., for a certain definite 
time, generally for a year, or for the life of the 
session. 

Permanent Organization is Double or Dual. 

Double. 

Double Organization is accomplished when the 
simple or temporary organization is effected first, 
and then succeeded by the adoption of a consti- 
tution, election of permanent officers, appoint- 
ment of committees, etc. When a double organi- 
zation is needed, no business can be transacted 
under the temporary organization, except to take 
the necessary steps toward the permanent organi- 
zation. 



174 Parliamentary Law. 



Dual. 

Dual Organization occurs when the assembly 
is composed of two branches, as the Senate and 
the House of Representatives of the National or 
State legislatures. 

Organization of Temporary Body. 

A Temporary Organization is effected in the 
following manner : Suppose a meeting was called 
for the purpose of organizing a Nature Study 
Class. 

At the appointed place and hour, some one 
among those present rises, steps forward, and 
says: "The meeting will please come to order. 
I move that Mr. A. act as chairman of the meet- 
ing." If his motion is seconded, he puts it to 
vote in the usual way, thus : 

"It has been moved, and seconded, that Mr. A. 
act as chairman of the meeting. All in favor say 
aye." 

After the affirmative is taken, he proceeds : 

"All opposed say no." 

If the majority vote in favor, he will announce 
the result, thus : 

"The ayes have it, and the motion is adopted. 
Mr. A. will please take the chair." 

If the motion was lost, he would so state it, 
and call for the nomination of some one else for 



Organization. 175 



chairman, and would put the question on such 
nomination. 

The member calling the meeting to order need 
not nominate the chairman himself, but instead, 
may say : "The meeting will please come to or- 
der. Will some one please nominate a chair- 
man?" When a name is announced, he puts it 
to vote, as before. If several nominations are 
made, the vote is put on the first one, and if that 
one is not elected, then on the next, and so on, 
until a majority vote in favor is secured. 

After the chairman of a large assembly is elect- 
ed, the member who nominated him, alone, or 
w x ith another, usually accompanies the newly 
elected chairman to the platform, where he brief- 
ly thanks the assembly for the honor conferred 
upon him, and assumes control of the meeting. 

The chairman then says: "The first business 
in order is the election of a secretary." 

Some one nominates Mr. B., thus : "I move 
that Mr. B. act as secretary of the meeting." 

When seconded, the chairman puts the ques- 
tion thus : 

"It has been moved, and seconded, that Mr. 
B. act as secretary of the meeting. All in favor 
say aye." 

"All opposed say no." 

If carried in the affirmative, the result would 
be announced thus : 



176 Parliamentary Law. 



"The ayes have it, and the motion is adopted. 
Mr. B. will act as secretary of the meeting." 

Mr. B. takes his seat near the presiding officer, 
and keeps a correct and concise record of the 
proceedings. 

The temporary organization is now completed, 
and all the rules of the common parliamentary 
procedure are in force, and all subsequent busi- 
ness must be conducted in compliance therewith. 

If other officers are deemed necessary, they 
may be elected in the same manner ; but these 
are all that are needed to complete the organiza- 
tion. There must be always a president — the 
head — to guide, and a secretary — the hand — to 
record the transactions of any organized body. 

If a written notice of the meeting had been 
sent out, the chairman would ask the secretary 
to read the call, thus : 

"The Secretary will please read the call for 
the meeting." 

The Secretary rises, and reads the following : 

"Washington, D. C, January 7, 1908. 
"A meeting will be held on Wednesday, Janu- 
ary 15, 1908, at 11 a.m., in the Study Hall of the 
Public Library, to consider the organization of 
-a society for the study of Nature during the com- 
ing spring and summer. Your attendance is re- 
quested. Charles Waring." 



Organization. IJJ 



It would be in order for the one issuing the 
call, or any person present, to make the following 
motion immediately : 

"Mr. Chairman: I move the adoption of the 
following resolution : Resolved, That we organ- 
ize a society for the study of Nature during the 
coming season"; or, "I move that we organize a 
society for the purpose stated in the call." 

When this has been seconded, and stated by 
the chair, it is open to discussion, and the appli- 
cation of any of the subsidiary or other motions, 
in the same manner as that of any main or prin- 
cipal motion. 

If no formal call had been issued, and the chair- 
man was sufficiently acquainted with the objects 
for which the meeting was called, he could state 
them to the assembly; or, he could simply ask, 
"What is the pleasure of the meeting?'' 

Then the person most interested would take 
the floor and present the subject, in the form of 
resolutions, previously prepared, or would move 
to appoint a committee to draft resolutions ex- 
pressing the sense of the body, and present them 
at an adjourned meeting. This adjourned meet- 
ing may be set for another day and hour, or may 
be held on the same day, after an intermission 
long enough for the committee to prepare the 
resolutions. 



1/8 Parliamentary Laze. 

In the first instance, the resolutions are pre- 
sented as follows : 

"Mr. Chairman : I move the adoption of the 
following resolution : Resolved, That it is the 
sense of this meeting that a society be organized 
for the study o-f Nature during the coming spring 
and summer." 

When seconded, the chair states it as follows : 

"The following resolution" (reading it) "has 
been moved, and seconded. Are you ready for 
the question?'' 

It becomes now the question before the house 
for consideration and final disposition, the same 
as any ordinary motion. 

If no resolution had been prepared, a motion 
to appoint a committee to draft one or more could 
be made, as follows : 

"Mr. Chairman: I move that Mr. A., Mr. B., 
and Mr. C, be appointed a committee to draft 
resolutions expressive of the sense of this meet- 
ing, and report at an adjourned meeting, to be 
held on Saturday, January 18, at 10 a.m., in this 
hall." 

When seconded, the chair would state it, and, 
after discussion and amendments, if any, would 
put it to vote, as follows : 

"The question is on the adoption of the motion, 
That Mr. A., Mr. B., and Mr. C, be appointed 
a committee to draft resolution? expressive of the 



Organization. 179 



sense of this meeting, and report at an adjourned 
meeting, to be held on Saturday, January 18, at 
10 a.m., in this hall.' All in favor say aye." 

"All opposed say no." 

"The ayes have it, and the resolution is adop- 
ted. Mr. A., Mr. B., and Mr. C, will consider 
themselves a committee for the said purpose, and 
will report at the time designated." 

There being no other business which may be 
brought before this temporary body, the motion 
to adjourn would be in order, and, when carried, 
the meeting adjourns until Saturday, January 
18, at 10 a.m. The temporary organization has 
been effected, and will continue until the society 
is permanently organized, with- permanent offi- 
cers, etc. 

If the meeting was called for some special pur- 
pose, such as protesting against some existing 
condition, as, for instance, the impassable condi- 
tion of the streets, resulting from a heavy snow- 
fall, it would be organized in the manner set 
forth in the preceding paragraphs. 

After resolutions calling upon the authorities 
of the city for a removal of the snow had been 
passed, and whatever other action thought neces- 
sary taken by the assembly, the meeting would 
adjourn without day, its object having been ac- 
complished. 



i8o Parliamentary Lawu. 



Organization of Permanent Body. 

Permanent Organization is always preceded by 
Temporary Organization. 

A permanent society is organized in the fol- 
lowing manner : Suppose a call has been issued 
to all those interested in forming a society for 
general philanthropic work to meet at n a.m., 
Saturday, January 18, 1908, in the Study Hall 
of the Public Library, Washington, D. C. 

At the appointed hour, one of those present 
calls the meeting to order, and asks for nomina- 
tions for a temporary chairman. A motion is 
made that Mr. A. act as temporary chairman. 

When seconded, the motion is put to vote, and, 
if carried, the result is announced, thus : 

"The ayes have it, and Mr. A. is elected chair- 
man of the meeting." 

Mr. A. takes the chair, and says : "The first 
business in order is the election of a secretary." 

It is moved, and seconded, by a member, "That 
Mr. B. act as secretary." 

The question is put to vote, and, if the motion 
is adopted, the chair announces the result, thus : 

"The ayes have it, and Mr. B. is elected secre- 
tary. Mr. B. will please come forward." 

Mr. B. takes his place beside the presiding offi- 
cer, and the temporary organization is complete. 

The chairman then orders the call for the meet- 



Organization. 



ing read by the secretary, or calls upon some one 
specially interested, to state the purpose of the 
meeting, or presents the object to be accomplished 
himself. 

. Informal discussion should be encouraged, the 
chairman being careful to observe the wishes of 
the assembly, not to be too strict and yet not to 
permit one or two to occupy all the time. 

After sufficient time has been spent in becom- 
ing familiar with the objects to be accomplished 
by the proposed organization, a resolution should 
be offered stating those objects clearly and briefly, 
in order to facilitate definite action. 

Generally, this resolution is prepared in ad- 
vance, and should take a form like the follow- 
ing: 

"Mr. Chairman : I move the adoption of the 
following resolution : Resolved, That it is the 
sense of this meeting that a society for general 
philanthropic work should be formed" ; or, the 
briefer form may be used : "I move that we 
organize a society for general philanthropic 
work." 

When seconded, the chairman would state it 
in the usual way, thus : 

"You have heard the resolution. It is moved 
and seconded, to form a society for general phi- 
lanthropic work. Are you ready for the ques- 
tion ?" 



182 Parliamentary Law. 

This resolution could have been presented im- 
mediately after the election of the chairman and 
secretary. The only advantage derived from its 
later introduction is due to the fact that many 
people will often give their views more freely 
in an informal discussion than when speaking 
to a question, stated in the form of a motion or 
formal resolution. 

When debate has been exhausted, the chair 
would put it to vote in the following manner : 

"The question is on the adoption o.f the follow- 
ing resolution, 'Resolved, That it is the sense of 
this meeting that a society for general philanthro- 
pic work be formed.' All in favor say aye." 

"All opposed say no." 

"The ayes have it, and the resolution^ adop- 
ted." 

Now that it has been decided to form a society 
of this kind, steps must be taken toward its per- 
manent organization. 

A member would rise and make a motion to this 
effect : 

"Mr. Chairman : I move that a committee of 
five be appointed to draft a constitution and by- 
laws for this society, and to report at an ad- 
journed meeting." 

After having been properly seconded, and stat- 
ed by the chair, this motion may be amended as 



Organization. 



to the number constituting the committee and as 
to the manner of appointment. 

When put to vote, if carried, the result, as an- 
nounced, would be : 

"The ayes have it, and a committee of five will 
be appointed to draft a constitution and by-laws 
for this society, and to report at an adjourned 
meeting." 

This committee may be appointed either by the 
chair or by the assembly, as the latter decides. 
After the appointment of this committee the chair 
would inquire : "What is the further pleasure of 
the meeting?" 

If no further steps toward the permanent or- 
ganization are proposed, a motion to adjourn is 
in order. This motion must include the time 
and place to which to adjourn, as, otherwise, a 
formal call would be necessary to bring them to- 
gether again. 

A member should move "That the meeting ad- 
journ, to meet in this same hall, on Saturday, 
January 25, 1908, at 11 a.m." 

As no other question is pending, this becomes 
a main motion, is debatable, and may be amended. 
W nen this motion has been perfected, and adop- 
ted, the meeting stands adjourned until the time 
specified. 

The second meeting is called to order by the 
temporary chairman elected at the preceding 



Parliamentary Law. 



meeting, as the temporary officers, when present, 
always serve until the permanent officers are 
elected. 

The chairman calls for the minutes of the pre- 
ceding meeting. After the minutes have been 
read by the secretary, the chair asks : "Are there 
any errors or omissions?" If any are noted, the 
secretary is directed by the chairman to make the 
proper corrections, and then says: "If there is 
no objection, the minutes will stand approved as 
read," or "as corrected," if corrections have been 
made. 

Adoption of Constitution. 

The chairman then says : "We will now listen 
to the report of the Committee appointed to pre- 
pare a Constitution and By-Laws." The chair- 
man of the committee rises, and, after reading the 
report, hands it to the presiding officer, or secre- 
tary. The chairman of the committee, before tak- 
ing his seat, should move the adoption of the re- 
port. If he does not do so, some member should 
rise, and say: "Mr. Chairman, I move that the 
report of the Committee be adopted." 

When seconded, the chair would state it, thus : 
"It has been moved, and seconded, to adopt the 
Constitution and By-Laws as submitted by the 
Committee. Are you ready for the question?" 



Organization. 185 



The question is now open to discussion, and the 
Constitution is read, one article at a time, begin- 
ning with the first. 

The preamble, if there is one, is left until the 
whole Constitution has been considered, article 
by article. 

The secretary is directed to read the first arti- 
cle, and the chairman asks : "Are there any 
amendments ?" If one or more are proposed, they 
are acted on in turn. The article is of the nature 
of a main motion, taking two amendments ; the 
amendments are adopted, but the article itself is 
only perfected, not adopted. 

When no more amendments are offered, then 
the chair directs the secretary to read the second 
article, and asks for amendments to it. 

It is treated in the same manner as the first, 
and, when perfected, is laid aside, and the third 
article is read, and considered, in like manner ; 
and so on until all the articles have been exam- 
ined, and amended, if necessary. 

The preamble is then read and amended, and 
the chair directs the secretary to read the entire 
Constitution, as amended, and asks : "Are there 
any amendments to any part of the Constitution?" 
If none, the question is put on it, thus : 

"The question is on the adoption of the Con- 
stitution, as amended. All in favor say aye." 

''All opposed, no." 



186 Parliamentary Law. 

"The ayes have it, and the Constitution, as 
amended, is adopted." 

If the Constitution is divided into paragraphs, 
or sections, instead of articles, it should be consid- 
ered and amended by paragraphs, or sections, in 
the same way. 

If a provision of the Constitution requires the 
members to sign it, then a recess of ten or more 
minutes should be taken for that purpose. 

When the meeting is again called to order, only 
those who have signed the Constitution are enti- 
tled to participate in the proceedings. 

Adoption of By-Laws. 

The chair now says : 

"The next business in order is the adoption of 
the By-Laws, as recommended by the Commit- 
tee," and directs the secretary to read the first 
one, and asks for amendments. 

The By-Laws are treated exactly as the Consti- 
tution ; are perfected, one at a time, and then 
adopted as a whole. 

Election of Officers. 

After the adoption of the Constitution and By- 
Laws, the chair says : 

"The next business in order is the election of 
the permanent officers of the society." 



Organization. 187 



Some one moves "That a committee be appoint- 
ed to nominate the permanent officers." If this 
motion is carried, and the committee appointed, 
a recess may be taken while the committee is pre- 
paring the nominations, or other business may be 
attended to. 

When the Committee is called upon, the chair- 
man of the committee reads the report, and the 
officers are elected by ballot, or otherwise, as pro- 
vided by the Constitution and By-Laws just adop- 
ted. 

As each officer is elected he takes the place 
held by the temporary officer, and when all have 
been elected the permanent organization of the 
society is complete. 

Organization of a Convention. 

A convention is a representative assembly com- 
posed of members who have credentials and cer- 
tificates of election, and whose membership may 
be contested. A double organization is, there- 
fore, necessary. 

The first, or temporary organization, is for the 
purpose of ascertaining who are privileged to be- 
come members. 

The second, or permanent organization, is for 
the purpose of transacting the business entrusted 
to the convention. 



Parliamentary Law. 



The temporary organization of a convention is 
effected in the same manner as that of the tem- 
porary organization of a permanent society, al- 
ready described. 

The only business in order is to ascertain the 
membership. This is usually accomplished by the 
appointment of a committee to examine the cre- 
dentials and certificates of election. 

All whose credentials, or certificates of election, 
were properly made out, become members by the 
adoption of the report of this committee, and they, 
only, are competent to take part in the proceed- 
ings of the convention. 

When the credentials of all the delegates have 
been passed upon, the assembly is ready for the 
permanent organization. 

The temporary organization may be made per- 
manent by a vote, as follows : Some one rises, 
and moves "That the temporary organization be 
declared permanent." When seconded and stat- 
ed by the chair — or, as it includes the election of 
the chairman, it perhaps would be better to have 
it stated and put to vote by the member making 
the motion — it is open to debate and amendment, 
as any ordinary main motion. 

If adopted, it completes the permanent organi- 
zation, and the temporary officers become the offi- 
cers of the convention. 

The permanent officers may be nominated also 



Organization. 189 



from the floor, or by a committee appointed for 
that purpose, which brings in a report in the 
usual way. 

During the existence of the temporary organi- 
zation no person's right to a seat may be chal- 
lenged, but the right to preside, or to hold any 
office, may be. The challenge must be made be- 
fore his election, and, when made, his credentials 
must be passed upon by a majority of those dele- 
gates whose credentials are known to be in proper 
forrrl. 

In acting on the report of the Committee on 
Credentials, only those delegates whose creden- 
tials are reported perfect may vote. 

An order of business is adopted as soon as the 
permanent organization is completed, which pro- 
vides all special regulations requisite for the con- 
duct of the business of the convention. 

Organization of Legal Bodies. 

City Councils, and similar bodies created by 
law, are organized in accordance with the pro- 
visions of the charter under which they exist, but 
come under the general parliamentary law in all 
cases not provided for by the statutes and special 
rules of the individual bodies. 

All official organizations, such as school boards, 
and incorporated business associations, are bound 



190 Parliamentary Law. 

by law to transact all business in accordance with 
parliamentary procedure, except only that busi- 
ness coming under the provisions of special stat- 
utes. 

The Dual organization of Legislative Bodies 
is effected in various ways. The methods of no 
two States are identical, being fixed by the Con- 
stitution or by special statutes. 



"The assembly cannot deprive itself of the pow- 
er to direct its method of doing business. It is 
like a man promising himself that he will not 
change his own mind." Thomas B. Reed. 



Constitution and By-Laws. 191 



CHAPTER X. 
CONSTITUTION AND BY-LAWS. 



'They postpone the preamble till the other parts 
are gone through with. Such alterations may 
therein be made as may also occasion the altera- 
tion of the preamble." Thomas Jefferson. 



The organic law of every permanent society is 
derived either from the statute authorizing its or- 
ganization, the charter granted it by the parent 
body, or the constitution and by-laws which it 
adopts for its own use. 

In all cases, such organic law has the same 
binding force upon the members of that organiza- 
tion as the constitution and statute law of the 
State has upon its citizens : there exists the same 
obligation to conform to the provisions of that 
organic law in order to preserve harmony in the 
society, if not the same fear of the penalty at- 
tached to its violation. 



192 Parliamentary Law. 



Incorporation. 

If an organization is incorporated, it is organ- 
ized in accordance with the laws of the State in 
which it expects to prosecute its work. The by- 
laws, or special rules, adopted by it, must conform 
strictly to the statutory law, and may be amended 
only according to provisions of the latter. The 
statute of the' State, and the articles of incorpo- 
ration, take the place of the constitution of an 
incorporated body. Incorporation enables a so- 
ciety to hold property and to take legal action in 
the name of the organization. This corporate 
name is protected, and acquires a legal standing 
similar to that of an individual. 

An incorporated body continues indefinitely, re- 
gardless of the passing of the individual members. 
The laws governing incorporation differ in the 
different States, and the papers to be made out 
are not uniform ; hence the student should con- 
sult the proper authority in the State of his resi- 
dence. 

Subordinate Bodies. 

When the organization is a branch of a parent 
body, such as a Chapter of the Society of the 
Daughters of the American Revolution, or a local 
subordinate lodge, it receives a charter from the 
central authority, which serves as its constitu- 



Constitution and By-Laws. 193 

tion. The by-laws adopted for its own particu- 
lar needs must in no way violate the provisions 
of this charter, or the constitution and by-laws of 
the parent body ; neither may the charter, nor the 
constitution and by-laws, of the higher body, be 
suspended. 

A permanent organization which is neither an 
incorporated nor a subordinate body, adopts its 
own organic law, in the form of a constitution, a 
constitution and by-laws, or merely by-laws. 

When a constitution and by-laws are adopted, 
which is preferable to either one alone, except 
for the most informal societies, the former should 
contain only those parts of the organization which 
are of the utmost importance, and the details 
should be left entirely to the by-laws. The con- 
stitution may be compared to the framework of a 
house, giving it it's general plan and support, 
while the by-laws provide the interior arrange- 
ment. 

Provisions of Constitution. 

The fundamental provisions, as embodied in 
the constitution, are as follows : 
Name of the organization. 
Object to be accomplished. 
Qualification of members. 
Officers, name and number. 
■ Executive Committee, or Board of Directors. 



194 Parliamentary Lazv. 

Annual Meeting. 

Provisions for amendment. 

The wording of these seven articles should be 
as brief as is consistent with perfect clearness ; 
there should not be a shadow of doubt as to the 
meaning of any one of the provisions. 

The constitution cannot be suspended ; its adop- 
tion was necessary to complete the permanent or- 
ganization, and its suspension would induce a 
state of anarchy. Amendment of the constitution 
should be difficult. A formal notice of the amend- 
ment should be read at the previous meeting, at- 
tached to the call for the meeting, and a two- 
thirds or three-fourths vote should be required 
for its adoption. It should be open to amendment 
only at a quarterly or the annual meeting. 

Provisions of By-Laws. 

The By-Laws should provide for those regula- 
tions too important to be left to the will of the 
majority at any meeting. 

They should arrange all the details of the ma- 
chinery of the organization, so that harmony may 
be maintained at all times, and the work of the 
body facilitated. If it is deemed expedient, a 
provision for the suspension of one or more 
should be incorporated in them, as they may not 
be suspended, except as they provide for their 
own suspension. 



Constitution and By-Lazes. 195 

By-Laws supplement the Constitution, and fill 
in the details of the outline of the organization 
as drawn by it. They should cover the following 
points, some, or all, of which are necessary to the 
conduct of all societies. 

The method of admitting members. 

The nomination and election of officers. 

The duties of officers. 

Provision for filling vacancies in office. 

The initiation fee and dues. 

The time and place of meetings. 

The number constituting a quorum. 

The standing committees. 

The parliamentary authority. 

Provision for amendment, and suspension if 
desired. 

By-Laws may not be amended, except upon a 
notice to that effect, previously sent out, and by 
a two-thirds vote, unless otherwise provided for 
by a special rule. 

If there is no special rule to the contrary, an 
amendment to the Constitution or By-Laws goes 
into effect immediately after its adoption. 

Standing Rules. 

Standing Rules are resolutions of a permanent 
nature adopted by a majority at any meeting, and 
contain those regulations which may be changed 
without previous notice. 



196 Parliamentary Law. 



After the adoption of such a rule it remains 
in force until rescinded, suspended, or modified, 
at some future meeting. They may not conflict 
with the Constitution, By-Laws, or Rules of 
Order. 

A Resolution or Standing- Rule may not be 
modified at the meeting at which it was adopted, 
except by reconsidering the vote by which it was 
adopted. 

Eules of Order. 

Rules of Order contain only those rules relat- 
ing to the transaction of business in the meetings 
of the society. 

They should not be incorporated in the By- 
Laws, inasmuch as a society frequently desires 
to suspend or change the usual order of proceed- 
ing, that some special matter may receive imme- 
diate attention. 

Much confusion may be avoided in practice 
by a clear understanding of the use and nature of 
these various rules. 

Rules of Order provide only for the orderly 
transaction of business at the meetings of the 
society, and may be suspended for a specific pur- 
pose by the use of the Incidental Motion, to sus- 
pend the rules. 

The Standing Rules are simply one or more 



Constitution and By-Lazes. 197 

resolutions adopted by a majority at any meet- 
ing, and which continue in force until modified, 
suspended, or rescinded, by a like resolution, at 
some future meeting. 

The By-Laws should contain all those rules 
which are of too great importance to be changed 
without a previous notice to that effect, sent to 
all the members of the society ; and time should 
be given for careful consideration. 

The Constitution should contain only those 
fundamental rules without which the society 
would cease to be an organized body. 

The following models will serve to aid the 
student in appreciating the differences existing 
among them, and will prove useful in drafting 
constitutions and by-laws for voluntary societies. 

FORM OF CONSTITUTION. 

Preamble. 

Whereas, the need for some more systematic 
effort to be made in conducting the charitable and 
philanthropic work of our village is felt, we have 
resolved to organize a Club for the purpose of 
making a study of the existing conditions, of 
educating our people to a higher conception of 
such work, and of accomplishing the practical 
work so much needed. 



198 Parliamentary Lazv. 

Article* I. 

Name. 

This Club shall be called the Century Club of 
Washington, D. C. 

Article II. 

Object. 

The object of this Club shall be to promote gen- 
eral philanthropic work along practical and edu- 
cational lines. 

Article III. 

Membership. 

All who are in sympathy with the aims af this 
Club shall be eligible to membership. 

Article IV. 

Officers. 

The Officers of this Club shall be a President, a 
Vice-President, a Recording Secretary, a Corre- 
sponding Secretary, and a Treasurer, who shall 
serve for one year, or until their successors are 
elected and qualified. 



Constitution and By-Lazes. 199 

Article V. 

Executive Committee. 

The Officers of this Club and the Chairmen of 
standing committees shall constitute a Board of 
Directors for the transaction of business. 

Article VI. 

Annual Meeting. 

The April Meeting shall be for the election of 
officers, the reading of annual reports, and the 
payment of dues. 

Article VII. 

Amendment. 

This Constitution may be amended by a two- 
thirds vote at the Annual Meeting, provided no- 
tice of such amendment shall have been given, in 
writing, at the previous regular meeting, and ap- 
pended to the call for that meeting. 

FORM OF BY-LAWS. 
Article I. 

Duties of Officers. 

Section i. The President shall preside at all 
the meetings of the Club and of the Executive 
Committee, and shall present at the Annual Meet- 



Parliamentary Laiv. 



ing a report of the work of the Club during the 
preceding year. He shall appoint all special com- 
mittees, fill all vacancies in standing committees 
not otherwise provided for in the by-laws, and 
shall be a member, ex-officio, of all committees. 

Sec. 2. In the absence of the President, the 
Vice-President shall perform the duties of that 
office. 

Sec. 3. The Recording Secretary shall keep the 
minutes of the meetings of the Club and of the 
Executive Committee, and shall perform such 
other duties as the Club may direct. 

Sec. 4. The Corresponding Secretary shall 
conduct the correspondence of the Club, send out 
all notices, except those relating to the payment 
of dues, and keep a list of members. 

Sec. 5. The Treasurer shall be the custodian 
of the funds of the Club, which shall be deposited 
in a bank designated by the Executive Commit- 
tee, and paid out only on the order of the Execu- 
tive Committee, or upon the signature of the 
President and Secretary. He shall keep an item- 
ized account of receipts and expenditures, file 
vouchers of all payments, and present a full re- 
port at each meeting of the Club and of the Ex- 
ecutive Committee. 

Sec. 6. The Executive Committee shall appoint 
the Chairmen of all standing committees, and 
shall fill all vacancies which may occur in the 



Constitution and By-Lazvs. 201 

offices of the Club and in its own Committee, the 
appointees to serve until the next election. 

Article II. 

Membership. 

Section i. The name of an applicant for mem- 
bership shall be presented, in writing, to the 
Membership Committee, by a member of the 
Club, indorsed by one other member. 

Sec. 2. Associated members may be admitted 
upon the payment of ten dollars a year. Such 
members shall be exempt from the duties of active 
membership, and may enjoy all the privileges of 
the Club, except that of voting and of holding 
office. 

Sec. 3. Honorary membership may be con- 
ferred by a majority vote at any regular meeting, 
upon the recommendation of the Executive Com- 
mittee. 

Article III. 

Dues. 

Section i. The dues shall be five dollars a 
year, payable at the annual meeting in April. 

Sec. 2. Members, when dues are unpaid at the 
January meeting, shall be notified by the Treas- 
urer. 

Members whose dues for the previous year re- 



Parliamentary Law. 



main unpaid at the annual meeting, may be 
dropped from the roll, at the direction of the 
Executive Committee. 

Article IV. 

Meetings. 

Section i. The regular meetings of the Club 
shall be held at eight o'clock, on the evening of 
the first Friday of each month, from October to 
May, inclusive. 

Sec. 2. Special meetings of the Club may be 
called by the Executive Committee, by a written 
notice to each member. 

Sec. 3. The Executive Committee shall meet 
twice a month for the transaction of business. 

It shall hold special meetings at the call of the 
President, or upon the request of three of its 
members. 

Article V. 

Elections. 

Section i. The election of officers shall be by 
ballot; a majority of the votes cast by those pres- 
ent shall be necessary to elect. 

Sec. 2. No person shall be eligible to the office 
of President for more than two consecutive 
terms. 



Constitution and By-Laws. 203 

Article VI. 

Committees. 

The Committees shall be as follows : 

Section i. A Program Committee, consisting 
of three members, which shall present a program 
for the meetings of the ensuing year, at the an- 
nual meeting. 

Sec 2. A Membership Committee, to whom 
all applications for membership shall be submit- 
ted. It shall investigate the qualifications of such 
applicants and report to the Executive Committee 
for action. 

Sec. 3. An Auditing Committee, which shall 
examine the accounts of the Treasurer, and report 
at the annual meeting. 
1^ Sec. 4. A Ways and Means Committee, to de- 
vise and direct the plans for raising money for 
carrying on the work of the Club. 

Sec 5. A Nominating Committee, consisting 
of five members, shall be appointed by the Execu- 
tive Committee, at the March meeting, and shall 
present to the Club, at the annual meeting, a list 
of candidates, two names for each office.. 

The Officers shall be voted for separately. 

Article VII. 

Quorum. 
Four members of the Executive Committee, be- 
sides the President, shall constitute a quorum. 



204 Parliamentary Law. 

Article VIII. 

Amendments. 

These By-Laws may be amended at any regu- 
lar meeting, notice having been given, in writing, 
at the previous regular meeting, and appended to 
the call for the meeting. A two-thirds vote of 
those present shall be necessary for adoption. 

Article IX. 

Parliamentary Authority. 

The Rules contained in shall gov- 
ern in all cases wherein they do not conflict with 
the rules of this organization. 

FORM OF RULES OF ORDER. 

Order of Business. 

Annual Meeting. 

Meeting called to order by President. 
Reading and approval of minutes of the last 
meeting. 

Appointment of tellers. 

Nominations and elections of officers. 

Reports of officers. 

Reports of chairmen of standing committees. 

Reports of chairmen of special committees. 



- Constitution and By-Laivs. 205 

Report of tellers. 
Miscellaneous business. 
Adjournment. 

Regular Meetings. 

Meeting called to order by President. 

Reading and approval of minutes of the last 
meeting. 

Communications from Corresponding Secre- 
tary. 

Report 01 Treasurer. 

Announcements. 

Reports of standing committees. 

Reports of special committees. 

Unfinished business. 

New business. 

Program. 

Adjournment. 



"Each organization may arrange an order of 
^business to suit its needs, and, when adopted, may 
be suspended only by a two-thirds vote. Unless 
an assembly had the right to limit debate, the hour 
of adjournment would frequently find nothing 
done." McGregor. 



2o6 Parliamentary Law. 



CHAPTER XL 

NOMINATIONS, ELECTIONS AND DUTIES OF 
OFFICERS. 



"Eager as listeners, wishing they dared speak, 
and reproaching themselves afterward, they need 
only the confidence which comes from knowing 
how, to become active and vital forces." 

H. R. Shattuck. 



The special rules of most organizations require 
the officers to be elected by ballot. This is ac- 
complished by the suggestion of one or more 
names by members for the office to be filled. These 
suggestions are known as nominations ; they do 
not require a second, and are not of the nature 
of motions. 

Each member has the right to name his candi- 
date, and to vote for him, regardless of the num- 
ber of other candidates suggested. 

All of the candidates named must have an equal 
right of election ; therefore, they must be voted 
for at the same time. ( kherwise, the first one 
nominated, and voted for, would have an advan- 



- Nominations, Etc., and Duties of Officers. 207 

tage over the ones named later. While each 
member has the right to nominate one candidate 
for -each office to be filled, he may not name more 
than one, for the reason that a multiplicity of 
nominations would render an election difficult. 

A member may withdraw his nomination before 
the vote is taken, and make another, if he de- 
sires, and he is not bound to vote for his own 
candidate, although the presumption is that he 
would do so. 

The motion to close nominations is never in 
order until every member has had an opportunity 
of presenting his candidate. Not even a major- 
ity of the assembly has the power to deprive a 
member of this right. Some writers on parlia- 
mentary law have maintained that a nomination 
is a motion, and is governed by the law of mo- 
tions ; that when several candidates are named, 
the vote must be taken upon each one, in order 
of presentation. 

That this is not according to the spirit of par- 
liamentary law is evident from the fact that in 
the case of nominations there would be several 
motions pending at one time, a condition contrary 
to one of its fundamental principles, viz. : that but 
one main motion may be before the house at a 
time. 

A nomination differs from a motion in several 
ways. First, it need not be seconded. A member 



208 Parliamentary Law. 

has a right to vote for his candidate, altho he 
may be unable to secure a second to his nomina- 
tion. 

Second, one nomination does not give way to 
a later one, as would be required of motions. 

Third, several nominations are voted upon at 
the same time. 

Fourth, nominations of officers are not an es- 
sential preliminary to voting. A member may 
vote for some one properly qualified, whose name 
has not been publicly announced; and such can- 
didate may, on subsequent ballots, be lawfully 
elected. 

If, then, several nominations may be pending 
at one time, they must be voted upon in a man- 
ner which is fair to all. This requires a vote by 
ballot, by roll-call, by division into different parts 
of the hall, or some other way which insures 
equal chances of election to each candidate. 

Election by Motion. 

An officer may be elected by means of a mo- 
tion, if the rules of the organization do not re- 
quire a ballot vote ; but it would be possible only 
when there was but one candidate, and the pro- 
cedure is entirely different. Suppose the office 
of secretary was to be filled, and some one had 
moved, "That Mr. A. be elected secretary." After 
the motion had been seconded, the chair would 



Nominations, Etc., and Duties of Officers. 209 

state it, and, after allowing time for remarks, 
would put the vote on it, thus : 

"The question is on the adoption of the mo- 
tion that Mr. A. be elected secretary of this or- 
ganization. All in favor say aye." 

"All opposed say no." 

"The ayes have it, and Mr. A. is elected secre- 
tary." 

This method is always in order when the rules 
do not require the election of officers by ballot ; 
but when such regulations do exist, the right of 
each member to a secret vote may not be abro- 
gated in that way. 

Even tho he may not want to publicly announce 
his candidate, still he may want to vote for him, 
or he may want to vote against the candidate 
named, without his vote being known, as it would 
be, necessarily, in a vote by voice. 

Election by Acclamation. 

It is customary in some societies to move that 
the candidate be "elected by acclamation." If the 
rules require a ballot vote, such a motion is never 
in order. Neither is it in order when there are 
other candidates, whose names have not been 
withdrawn. 

It is not a motion recognized by parliamentary 
procedure, and its only object is to give the can- 
didate the appearance of great popularity. 



Parliamentary Lau*. 



It really does nothing but fix the method by 
which the candidate is elected, and that would be 
accomplished more properly by moving "That a 
viva voce vote be taken on the nomination." 

"Voting by acclamation" really means voting 
by "a shout," and that certainly would be unseem- 
ly in any deliberative body. It is excusable only 
in a political convention. 

Informal Ballot. 

It is also customary, in some voluntary socie- 
ties, to take an "informal ballot," as a test of 
the strength of the opposing candidates, and then 
to vote that the "informal ballot" be made for- 
mal. This practice has no sanction in parliamen- 
tary law, nor in properly organized bodies. 

An "informal ballot," whose stated object is not 
to elect the candidates voted upon, will not meet 
the requirements of the ballot vote provided for 
by the rules of the organization, even tho adopted 
as "formal" by voice. 

If, when voting for officers, there are a num- 
ber of candidates, it is not in order to move that 
the voting be confined to the two or more having 
the highest number of votes in ballots already 
taken. Each member has the right to vote for 
his candidate to the very last, and the majority 
cannot, by vote, deprive him of the privilege. 



Nominations, Etc., and Ditties of Officers. 2H 

In voting a ticket containing a certain number 
of names, it becomes vitiated if another name is 
added by the voter, unless the name added is for 
another office. In such a case, the additional 
name would not count for anything; neither 
would it affect the legality of the vote for those 
candidates properly indorsed on the ticket. 

Nominating Committee. 

If a committee is appointed to bring in a list 
of candidates for the offices to be filled, other 
nominations may be made from the floor, when 
the proceedings are under the general parliamen- 
tary law. That law provides that each member 
shall name and vote for any candidate he chooses, 
and his vote shall be counted. When, however, 
the organization has adopted a method of nom- 
inating and electing its officers, and incorporated 
that method into its constitution and by-laws, 
then the provisions of the general parliamentary 
law, in that particular matter, yield to the spe- 
cial law of the organized body, and the election 
is legal only so far as it is conducted in accord- 
ance with its constitution and by-laws. 

A nominating committee has only those powers 
conferred upon it by the rules of the organiza- 
tion, but the disposition of its report must be in 
keeping with those same rules. 



Parliamentary Lazv. 



If they provide for a committee whose duty 
it is to bring in a list of candidates for all offices, 
and explicitly state that no other nominations 
are to be considered, then nominations from the 
floor would be out of order. 

The special rule supersedes the general law. 

Nominations and elections frequently take 
place on the same day. 

All the officers may be elected at the same time, 
or they may be taken separately. The last method 
consumes a great deal of time, but has this ad- 
vantage : that candidates not elected for one office 
are free to be nominated for other offices. 

When the election is by ballot, tellers should be 
appointed to take charge of the ballots, and to 
make out an accurate report, as soon as they are 
cast. 



Report. 

This report should take a form similar to the 
following : 

Number of votes cast for President ioo 

Number of legal ballots 98 

Number necessary to elect (by majority vote) 50 

Mr. Jones received J2 

Mr. Brown received 20 

Mr. Smith received 6 



Nominations, Etc., and Duties of Officers. 213 

The ballots for other officers are made out in 
the same manner, and the entire report handed 
to the presiding officer, who reads it to the as- 
sembly ; or, the report may be made for each 
office as the ballots are cast. 

The presiding officer need not read out the en- 
tire report, unless it is called for, but state the 
fact of the election of Mr. Jones, as follows : 

"Mr. Jones, having received the majority of 
the votes cast, is declared elected President of 
this society." 

Completing Motions. 

Nominations are also used for the purpose of 
completing skeleton motions or resolutions. The 
blanks to be filled in may be for names, sums, 
times, etc. 

The principle is the same in all, but the method 
of filling them differs somewhat. 

Suppose the following skeleton resolution was 
presented : "Resolved, That a committee of three, 

to consist of and and , be 

selected to make arrangements for a banquet." 

Nominations of Mr. A., Air. B., and Air. C, 
are made from the floor. If but three names are 
suggested, the vote could be taken by voice, thus : 

"Shall Mr. A., Mr. B., and Mr. C, serve on 
this committee?" or, "Shall the names mentioned 



214 Parliamentary Lazv. 

be inserted to complete the resolution? All in 
favor say aye." 

"All opposed say no." 

"The ayes have it, and the resolution is com- 
pleted by the names of Mr. A., Mr. B., and 
Mr. C. The question recurs to the resolution as 
completed. Are you ready for the question?" 

After discussion, it would be put to vote in the 
usual way, thus : 

"The queston is on the adoption of the motion 
that a committee of three, consisting of Mr. A., 
Mr. B., and Mr. C, be selected to make arrange- 
ments for a banquet. 

"All in favor say aye." 

"All opposed say no." 

"The ayes have it, and the resolution is adop- 
ted. Mr. A., Mr. B., and Mr. C, will consider 
themselves a committee to make the necessary 
arrangements, and report them to the society." 

Had there been more than three names sug- 
gested, the only fair way would be to select them 
by ballot, and the three names securing the high- 
est number of votes would be used to complete 
the motion. Or, suppose the following skeleton 
resolution was presented : 

"Resolved, That dollars be appropriat- 
ed for the erection of a new church." 

Nominations of sums are made in the same 



Nominations, Etc., and Duties of Officers. 215 

manner as the names for officers, or for complet- 
ing resolutions, but the voting is different. 

Various sums are proposed, and the vote is 
put on the largest sum first, then the next highest, 
and thus on down, until a majority vote is 
reached. 

Voting from the greatest to the least is the 
practice of most legislative bodies, but the nature 
of the resolution sometimes reverses the process. 

In the resolution proposed, suppose the sums 
of five thousand, four thousand, and three thou- 
sand dollars, were suggested, the vote would be 
put on the highest, thus : 

"All in favor of five thousand dollars being in- 
serted say aye." 

"All opposed say no." 

"The noes have it, and the motion is lost. 

"All in favor of four thousand say aye." 

"All opposed say no." 

"The ayes have it, and the blank is filled by 
four thousand. 

"The question is on the adoption of the motion" 
(as completed) " 'That four thousand dollars be 
appropriated for the erection of a new church.' 

"All in favor say aye." 

"All opposed say no." 

"The ayes have it, and four thousand dollars 
are appropriated for the erection of a new 
church." 



216 Parliamentary Law. 

Suppose, however, that the resolution was like 
the following: 

"Resolved, That the old church be sold for 
dollars.'' 

The chair waits for the suggestion of sums to 
complete the motion. Various numbers are pro- 
posed : eight hundred, six hundred, five hundred 
dollars. 

The question, this time, would naturally be put 
on the smallest sum first, as being the least likely 
to meet the views of the majority. If that did not 
receive a majority vote, then upon the next one 
above it, then next higher, and so on, until a 
majority vote was obtained. 

Filling blanks with a certain duration of time 
is accomplished in the same way as the preceding 
method in regard to a sum. A general rule, but 
which may be varied as the sense of the resolution 
suggests, is that of the U. S. Senate: "In filling 
blanks, the largest sum and the longest time shall 
be put first." 

When a skeleton motion has been thus com- 
pleted, it is subject to amendment, as any new 
motion would be, and, of course, may be defeated 
entirely. It may also be withdrawn by the mover, 
with the consent of the assembly, if he is not sat- 
isfied with the terms inserted. 

A motion thus perfected by the members them- 
selves is not apt to meet with opposition when 



Nominations, Etc., and Duties of Officers. 217 

the question is put on it, but should it arise, the 
motion is amenable to the general procedure. 

Duties of the Presiding Officer. 

When an organization is completed by the elec- 
tion of officers, the chairman becomes the head 
of the newly created body. He is known by dif- 
ferent titles. 

In the lower houses of legislative bodies he is 
usually addressed as Mr. Speaker. In religious 
convocations he is called Mr. Moderator. In 
committees he is always the Chairman. In vol- 
untary societies he is generally referred to as the 
President, etc. 

Upon him depends the harmonious working of 
the affairs of the organization. He preserves or- 
der in the assembly, and becomes the arbiter of 
the differences among the members. 

He must be absolutely just and fair in his de- 
cisions, and in recognizing members who rise to 
obtain the floor. 

He must decide all questions of order, subject 
to an appeal by any two members, and inform the 
assembly, when it becomes necessary, in respect 
to all points of order or practice. 

He must interpret the rules of the organization, 
but his interpretation may be overruled on an 
appeal. 



218 Parliamentary Lazv. 

He must enforce the rules of the organization, 
even to the extent of disciplining members, and 
in this ungracious task he should be warmly sup- 
ported by the assembly. Should the disorder 
grow beyond his control, making the transaction 
of business impossible, he may adjourn the meet- 
ing. 

He should not permit the business of the so- 
ciety to be unnecessarily obstructed by the use 
of dilatory motions. 

He should have a comprehensive knowledge of 
parliamentary law, and should insist upon the 
transaction of business according to its spirit, if 
not to the letter, in order that it may bear the 
test of future investigation. 

He should not take part in debate on any ques- 
tion, but sustain an entirely impartial attitude to- 
ward all. If it becomes desirable for him to enter 
into the discussion, he should vacate the chair and 
take his place among the members ; nor should 
he resume the chair until the question has been 
put to vote. 

He may not be deprived of his vote, nor need 
he exercise it, except at his pleasure. When vot- 
ing by ballot, his ballot should be cast last ; and if 
he fails to do so before the result is announced, 
he still may be allowed to vote by unanimous con- 
sent. 



Nominations, Etc., and Duties of Officers. 219 

In voting by voice he does not vote, except 
when his vote will affect the result. 

In case of a tie, he may vote with the affirma- 
tive, and break the tie, or he may vote with the 
minority, make a tie, and thereby cause the mo- 
tion to fail. The same is true of a two-thirds or 
three-fourths vote. 

Whenever a motion refers especially to the 
president, he may request the secretary, or the 
member presenting the motion, to put it to vote. 
If there are others included in the proposition, 
however, it is not out of place for the president 
to put the question and announce the result. 

He does not leave the chair in speaking to a 
point of order, or stating his reasons on an 
appeal. 

When the vote is taken by the yeas and nays, 
his name is the last one called. 

It is a part of his duty to answer all parlia- 
mentary inquiries pertinent to the pending ques- 
tion, and of such general nature as may facilitate 
the work of the society; since the object of par- 
liamentary law is to subserve the interests of the 
assembly. 

In addition to a knowledge of parliamentary 
forms, and a familiarity with the constitution and 
by-laws of the organization, he should have a 
liberal allowance of common sense, a fine sense 



Parliamentary Laiv. 



of courtesy, and a high regard for the rights of 
each member. 

His attitude toward all should be marked by 
strict justice and unvarying kindliness. 

He calls the meeting to order at the appointed 
hour, and, after ascertaining the presence of a 
quorum, conducts the proceedings according to 
the Rules of Order adopted by the society. It 
is better for him to stand when making all an- 
nouncements, and stating the question, as well 
as when putting the motions to vote, and speak- 
ing to an appeal. All authorities say he must 
stand when putting the question and defending 
his decision on an appeal. 

He recognizes the member who first rises and 
addresses him, thereby giving such member the 
floor. 

As the member rises he takes his chair. There 
should be but one person on the floor at a time. 
He need not wait for mere routine motions to be 
seconded, when it is evident no one objects to 
them. 

If a member makes a wrong motion, he should 
tactfully suggest the right one. The member will 
be grateful, and confusion avoided. 

He should never interrupt a member speaking 
from the floor, unless some rule of order or pro- 
cedure is being violated. He should state clearly 
all motions properly presented, put them to vote, 






Nominations, Etc., and Duties of Officers. 221 

and announce the result of such votes in a voice 
which may be heard in all parts of the hall. 

He is never ex-oMcio a member of a commit- 
tee, unless the constitution, by-laws, or standing 
rules, provide for such membership. 

He speaks of himself during a meeting as "the 
Chair," and outside of the meeting as "your Pres- 
ident." 

In the absence of both President and Vice- 
President, the meeting is called to order by the 
Recording Secretary, and. a* chairman pro tern. 
elected by the assembly. 

A chairman elected in this way serves during 
that meeting only. 

Recording Secretary. 

The Secretary is the hand which records the 
proceedings of the organization, as directed by 
the President. 

He may, or may not, be a member, but when 
he is he loses none of his rights by performing 
the duties of the office. 

He retains the privilege of making motions, 
taking part in the discussion, and voting, altho, 
as a rule, his duties preclude an active partici- 
pation in the transaction of business. 

His position, on the platform, at the right hand 
of the presiding officer, should not give him any 



Parliamentary Law. 



advantage over other members on the floor in ob- 
taining recognition by the chair. 

He enters the proceedings upon the journal, or 
minutes, for the members, and, therefore, they 
not only approve them at the next meeting, but 
the right to correct and perfect them continues 
indefinitely. 

The minutes may be changed regardless of 
length of time that has elapsed, without a motion 
to reconsider. 

The Secretary may not intrude his personal 
opinion of the transactions into the minutes. He 
has neither the right to indulge in fulsome praise 
of speeches made, nor carping criticism of actions 
taken. 

His duty is to record, without comment, the 
acts of the assembly. 

He makes no record of the debate unless a spe- 
cial rule of the organization authorizes him to 
do so. 

In the absence of the President and Vice-Presi- 
dent, he calls the meeting to order, and presides 
during the election of a President pro ton. 

He should prepare an order of business of the 
day for the use of the President. 

He reads all resolutions, communications, and 
other documents, demanded by the assembly ; also 
all announcements are made by him. 

All documents and important papers of the as- 



Nominations, Etc., and Duties of Officers. 22$ 

sembly are in his keeping. He calls the roll for 
the yea and nay vote, and counts the members 
during a division, if tellers have not been ap- 
pointed. 

If there is but one secretary, he conducts the 
correspondence of the society in connection with 
his other duties ; if more than one, their duties 
should be designated by special rule. 

It is his duty to make a list of the committees 
as they are appointed, and to notify each chair- 
man of his appointment ; he also provides each 
chairman with a list of the members serving on 
the committee, and all papers concerning the 
question referred to them. 

The minutes, and all official documents of the 
organization, may be examined by the members, 
and may be turned over to any committee if need- 
ed to complete its investigations, or to perform its 
duties. 

If the secretary is absent, a secretary pro tern. 
should be appointed by the assembly. 

The style of the minutes depends largely upon 
the kind of meeting, and whether they are to be 
published. In the latter case, much of the rou- 
tine business would be omitted, and the speeches 
delivered would be reported at greater length. 

Ordinarily, a record is not kept of the debate. 

The average society is more concerned with 
what was done than with what was said, 



224 Parliamentary Law. 

Reports and communications may be entered 
in full; a brief summary may be made, and the 
original documents filed, or they may be referred 
to by title and then filed. 

The first seems preferable in voluntary socie- 
ties, at least, as it makes a complete record in 
small compass, easily accessible to the members. 

In any case, all resolutions contained in a re- 
port must be recorded. 

The essentials of the minutes of all organiza- 
tions are as follows : 

Kind of Meeting — Regular, Special, Ad- 
journed. 

Name of Organization. 

The Date and Hour of Meeting. 

The Place of Meeting. 

The Presiding Officer. 

The Secretary pro tern., if Secretary was ab- 
sent. 

Approval of the Minutes of the preceding meet- 
ing. 

Members present, when required. 

This should be followed by the record of every 
motion properly presented, whether it was adop- 
ted or rejected, with the name of the mover. 

The name of the seconder should not be noted, 
unless required by special rule, as it is of no par- 
ticular value, and makes the minutes most unin- 
teresting reading. 



Nominations, Etc., and Duties of Officers. 225 

When the vote is by ballot, and where there 
is a division, the number of votes on each side 
should be entered. 

The names and manner of voting must both be 
taken down when the vote is by the yeas and 
nays. 

The action taken on committee reports, with 
the resolutions recommended, are always noted, 
even tho the reports are filed. 

The proceedings of a Committee of the Whole 
are kept on a separate record, and only the re- 
port made by the chairman, with the action taken 
on it by the assembly, entered on the minutes of 
the assembly. 

When the minutes have been read, and ap- 
proved by the assembly, the secretary attests them 
by signing his name at the bottom. 

They continue open to corrections, but it is 
not wise, nor good parliamentary practice, to 
expunge from the minutes something which has 
been correctly entered. 

Such a motion, when made, should be declared 
out of order. 

If the meetings are held at frequent intervals, 
as once a month, the minutes are read and ap- 
proved at the next succeeding meeting. In a 
convention, the minutes are read each day for 
approval. 

When but one meeting is held during the year, 



226 Parliamentary Law. 



or for several months, they should be read and 
approved just before adjournment. The follow- 
ing is a form which will serve for the average 
meeting of a voluntary society : 

Form of Minutes. 

Minutes of the Excelsior Club, of Washing- 
ton, D. C. 

The regular meeting of the Excelsior Club was 
called to order by its President, Mr. Brown, on 
January 13, 1908, at 8 p.m., in the Study Hall of 
the Public Library. 

The minutes of the preceding meeting, Decem- 
ber 12, 1907, were read, corrected, and approved. 

There were eighty-five members present. 

The Corresponding Secretary reported the elec- 
tion to membership in the Club of Mr. Jones and 
Mrs. Smith. 

The Treasurer reported ninety-five (95) dol- 
lars in the bank, and unpaid dues to the amount 
of forty (40) dollars. 

The Committee on Relief of the Poor reported 
twenty-five visits made, and fifteen dollars and 
seventy-five cents ($15.75) expended in buying 
necessaries. 

Recommended the appropriation of twenty 
(20) dollars for the work of the coming month. 

Upon motion of Airs. Stone, the recommenda- 



Nominations, Etc., and Duties of Officers. 227 

tion of the committee to appropriate twenty (20) 
dollars for the work of the Committee on Relief 
of the Poor was adopted. 

The special committee to whom was referred 
the resolution, "That we buy chairs for the hall," 
recommended the adoption of the resolution with 
the following amendment : "That the chairs be 
provided with wide arms for use of books." 

On motion of Mrs. Green the amendment was 
adopted, and the motion, as amended, "That we 
buy chairs provided with a wide arm, for the use 
of books," was adopted by a unanimous vote. 

The motion, "Resolved, That the study classes 
be continued during the coming year, under the 
same leadership as at present," was made by Mr. 
Brown, and seconded by Mr. Jones. 

The previous question was moved by Mrs. 
Smith, and ordered by a vote of 60 to 15. 

The motion, "That the study classes be contin- 
ued during the coming year, under the same lead- 
ership," was lost. 

The motion, "That the question of the rear- 
rangement of the study classes be referred to a 
committee of five, appointed by the chair," was 
made by Mrs. Jones. Adopted. 

The committee, as appointed, consists of Mrs. 
Jones, Mr. Smith, Mr. Brown, Mrs. Green, and 
Mr. Baker. 

No further business being presented, the mo- 



22% Parliamentary Lazv. 

tion to adjourn was moved by Mr. Smith. Car- 
ried. Jennie Smith, 

Recording Secretary. 
Approved February i, 1908. 
Jennie Smith. 

Duties of the Treasurer. 

The Treasurer has the custody of the funds of 
the organization. 

The manner of caring for and distributing the 
money varies, and is always provided for by spe- 
cial rules. 

He never pays bills, except on the order of the 
society or executive committee. 

Permanent organizations provide an auditing 
committee, which passes upon the bills ; warrants 
are then issued by the Recording Secretary and 
countersigned by the President. 

The Treasurer reports to the organization at 
the annual meeting, and such other times as the 
by-laws require. 

The report contains an itemized account of all 
receipts and expenditures. 

Where the business of an organization is done 
entirely by a board of directors, the itemized ac- 
count is submitted to it, and a general summary 
of receipts and expenditures, only, read to the 
full meeting. 



Nominations, Etc., and Duties of Officers. 22() 

The details of a financial statement are con- 
fusing to the average mind, and never make in- 
teresting reading. 

It is the duty of the Auditing Committee to 
examine and pass upon them. Every officer who 
pays out money should obtain a receipt, as the 
receipts are the vouchers for the payments, and 
are preserved in regular order by the Treasurer, 
for future reference. 

When the report of the Treasurer is read, if it 
has been passed upon by the auditing committee, 
a motion to accept or adopt it is made from the 
floor, thus : 

"I move that the report of the Treasurer be 
accepted." 

When seconded, stated, and put to vote, the re- 
sult would be announced, thus : 

"The ayes have it, and the report of the Treas- 
urer is accepted." 

The Treasurer is now relieved from further 
responsibility as to all matters contained in the 
report. 

If, when the report is read, it has not been 
examined by the auditing committee, the chair 
would simply say, "The report is referred to the 
auditors for examination." 

After they had retired, passed upon it, and re- 
turned to the hall, the chair would call upon them 



230 Parliamentary Lazv. 

for their report at the first opportunity; that is, 
when no question was pending. 

Upon its presentation, a motion to accept the 
report of the auditing committee would be in 
order, and, when adopted, would have the effect 
of adopting the Treasurer's report, also. 

The following is a general report, which may 
be altered to suit the needs of the particular so- 
ciety : 

Form of Treasurer's Report. 

The Undersigned, Treasurer of the Excelsior 
Club, of Washington, D. C, begs leave to submit 
the following annual report : 

The balance on hand at the beginning of the 
year was forty (40) dollars and seventy-five (75) 
cents. There was received from all sources dur- 
ing the year, one hundred and twenty-five dollars 
and fifty cents ($125.50). The expenditures dur- 
ing the same time amounted to one hundred and 
ten dollars and twenty-five cents ($110.25). 

Therefore, the balance on hand, January 1, 
1908, is fifty-six (56) dollars. 

A detailed statement of receipts and expendi- 
tures, containing the indorsement of the auditors, 
is attached hereto. 

Respectfully submitted, 

John Brown, 
Treasurer Excelsior Society. 



Nominations \ Etc., and Duties of Officers. 231 

The detailed statement may be as elaborate as 
one wishes, or as simple ; the only requisite being 
that it accounts for every dollar received and 
paid out, in such a way that it may be readily 
understood. 

The signatures of the auditing committee on 
the statement are sufficient guarantee that they 
have certified to its correctness ; or they may at- 
tach a certificate of their examination, with their 
signatures attached. 

The following is a simple statement : 

Excelsior Society, Washington, D. C, in ac- 
count with John Brown, Treasurer: 



1907 Db. 

October 10, stationery . . . §15.00 

Nov. 15, gas bill 5.00 

Dec. 15, rent of hall 50.00 

Dec. 25, janitor 5.00 

Dec. 25, Ass. Charities ... 35.25 
Balance on hand 56.00 

166.25 



1907 Ce. 

Balance from 1906 §40.75 



From dues 100.50 

Nov. 10, contribution 25.00 



Auditors' Certificate. 

We do hereby certify that we have examined 
the accounts and vouchers of the Treasurer, and 
find them correct; and that the balance in his 
hands is fifty-six dollars. 

James Monroe, 
William Jennings, 
Auditing Committee. 



232 Parliamentary Law. 



"Know all about parliamentary law, but do"not 
try to show off your knowledge. Never be tech- 
nical, nor be any more strict than is absolutely 
necessary for the good of the meeting. 

"Use your judgment; but in large assemblies, 
where there is much work to be done, and where 
there is liability to trouble, the only safe course 
is to require a strict observance of the rules." 
Henry M. Robert. 



Debate and Decorum. 233 



CHAPTER XII. 
DEBATE AND DECORUM. 



"No member is to digress from the matter, by 
speaking reviling or unmannerly words. The 
consequences of a measure may be reprobated 
in strong terms; but to arraign the motives of 
those who propose or advocate it is a personality, 
and against order." Thomas Jefferson. 



Business is introduced in a deliberative as- 
sembly by means of a motion. Until that motion 
has been properly presented, seconded, and stated 
by the chair, it is not open to debate. Indeed, 
there is nothing to debate, because there is noth- 
ing before the house. The fact that a member 
rises, and suggests that something should be done 
along some especial line, does not bring the sub- 
ject before the members in such a way as to give 
them the right to discuss it. 

Even when a motion is properly presented, sec- 
onded, and stated by the chair, the assembly may 



234 Parliamentary Lazv. 

assert its privilege of disposing of it without de- 
bate upon its merits. 

First, it may not be in order, and may be 
thrown out when the question of order is raised. 

Second, it may not be debatable, either under 
the general parliamentary law, or by virtue of 
a special rule. 

Third, the assembly may prefer to refer it im- 
mediately to a committee, postpone it to some 
other time, lay it upon the table until the assem- 
bly wishes to consider it, or, by means of the ob- 
jection to its consideration, or indefinite postpone- 
ment, may decline to consider it altogether. 

The general rule is that all questions are de- 
batable, as the object of a deliberative body is to 
arrive at a mature judgment of the majority by 
means of an unrestricted interchange of thought. 
The only exceptions permissible are based on the 
supposition that such exceptions are useful in 
facilitating the conduct of business. 

The list of motions made undebatable are found 
in the black spaces in the diagram. 

It will be readily seen that the restriction is 
based upon certain well-defined principles. High- 
ly privileged questions are not open to debate, for 
the reason that if they were they could be used 
to prevent the assembly from coming to a vote 
on the main question; for instance, if the motion 
to adjourn were debatable, since it may be re- 



Debate and Decorum. 235 

newed after any intervening business, it could be 
used to hinder business almost indefinitely. 

The right of debate is, therefore, incompatible 
with high privilege, and, in that connection, is al- 
lowable in few instances. Any motion, the object 
of which is to suppress a question for the entire 
session, thereby cutting off the privilege of de- 
bate on that question, is itself open to free discus- 
sion. The objection to the consideration might 
be called an exception to this rule, but it is, in 
reality, not, since it is a highly privileged motion, 
and requires a two-thirds vote in the negative to 
sustain it. 

If two-thirds of an assembly do not want a 
question discussed, they should have the right of 
preventing it. 

The motion to indefinitely postpone a question 
places it beyond the power of the assembly to 
recall during the entire session; therefore, it is 
not only debatable as to its own appropriateness, 
but opens up the merits of the whole question to 
debate. 

The motion to postpone to a certain time re- 
moves the question under consideration until that 
time arrives; therefore, it is debatable as to the 
propriety of postponement only. 

The motion to lay on the table lays the ques- 
tion away in such a manner that the assembly 
may return to it at any time it desires ; therefore, 



236 Parliamentary Lazv. 

since it cuts off consideration only at the pleasure 
of the assembly, the motion itself allows of no 
debate. 

The motion to commit would not be very de- 
batable under this rule, except that when a ques- 
tion is referred to a committee for investigation, 
the committee has a right to know, and it is often 
important that it should know, the views of the 
assembly on the question ; therefore, not only the 
motion to refer, but the entire question, is open 
to debate for this purpose. 

Speaking by Sufferance. 

While the right to debate accrues only after 
a motion has been moved, seconded, and stated 
by the chair, the distinction must be noticed be- 
tween debating, as of right, and by permission, 
or sufferance, of the assembly. 

Members may be allowed to speak when there 
is no question pending, by general assent, or by 
a majority vote, put upon a motion to that effect. 

In legislative bodies, particularly, it is common 
for a member to give notice that he will deliver 
a speech upon a certain subject, and, when the 
hour arrives, makes his speech, and follows it 
with a resolution for action by the assembly. 

Sometimes a member rises, and gives notice 
that he will present a motion, but proceeds to 
make a preliminary speech. 



Debate and Decorum. 237 

The person who formally seconds a motion 
sometimes gives his reasons for favoring the reso- 
lution. 

This may be permitted by the members of an 
assembly, but it cannot be claimed as a matter of 
right, should an objection to the proceeding be 
raised. 

limiting Debate. 

9 

Debate is often regulated by special rules. Un- 
der the general parliamentary law it is limited to 
one speech upon any qustion, of about ten min- 
utes' duration, as long as other members want the 
floor. After all have had an opportunity of speak- 
ing, then a second spech, of the same length of 
time, may be permitted each member. 

Longer time, and more frequent speaking, may, 
of course, be permitted whenever it is desired. 

If permission is granted by motion, such mo- 
tion is undebatable, and requires a two-thirds 
vote. In debate upon an appeal from the de- 
cision, however, no one may speak but once ; oth- 
erwise, the question before the assembly would 
be unreasonably delayed. 

The speaker always addresses the chair, and 
confines his remarks to the question before the 
house. 

He should state his opinions and views as clear- 
ly and concisely as is consistent with the subject 



238 Parliamentary Law. 

in hand, always bearing in mind the fact that he 
is talking to assist the assembly in .arriving at a 
just decision, and not for his own gratification. 

The mover of a resolution is given the prefer- 
ence, generally, and often asked to close the de- 
bate. 

The chairman of a committee has the right to 
open and close the debate on resolutions recom- 
mended by the committee. The right to speak* 
last, before the vote is taken, is not affected by 
the order of the previous question, or by any mo- 
tion to limit or close debate. 

This right probably does not extend to the mere 
acceptance of a report of a committee. 

In case of the presentation of a minority re- 
port, the one making the report, or the one sign- 
ing it, should be allowed to follow the chairman 
of the committee in opening the discussion, in 
order that all of the views of the committee may 
be before the assembly. 

No member of the committee, however, has the 
exclusive right to the floor, and all must obtain 
it in the regular way. 

By parliamentary courtesy, the member intro- 
ducing the measure has the first right to the floor, 
even though another member has risen first and 
addressed the chair. He is also entitled to close 
the debate, after every other member has spoken 
who desires to do so. 



Debate and Decorum. 239 

No member may, of right, speak twice to a 
question until every other member has had the 
opportunity of being heard. Asking a question, 
or making some relevant suggestion, is not re- 
garded as debate, and should be permitted always 
by the chair when it will result in enlightening 
the members on the subject under discussion. 

Speaking to an amendment is not the same as 
speaking to the main motion, as it is a new and 
higher motion, and is, in reality, another ques- 
tion. A member who has exhausted his right to 
debate on the main motion may speak the full 
time to its amendments as they are offered. 

The member who presents the motion may vote 
against it, but is not permitted to talk against it. 
He may, of course, oppose any amendment that 
is made, and state his change of mind in regard 
to the motion. 

Yielding the Floor. 

When a speaker yields the floor to another 
member temporarily, he does not thereby lose his 
right to finish his speech. The member desiring 
the floor for a temporary purpose, rises, addresses 
the chair, and asks for the privilege of speaking, 
in some such way as follows : 

''Mr. President : May I be permitted to make 
a suggestion appertaining to the point the speaker 
has just made?" 



240 Parliamentary Law. 

The presiding" officer would turn to the speaker 
and ask: "Will the member yield the floor for 
the purpose?" 

If the speaker graciously yields, he should be 
given the floor by the chair, immediately after 
the other member sits down. 

If, however, the speaker should yield the floor 
to another member without the knowledge of the 
chair, then he is not entitled to it again until all 
other members who wish to speak have had the 
privilege. 

A member who has risen, and remained stand- 
ing, while another is speaking, has no more right 
to be recognized by the chair than one who rises 
immediately after the speaker yields the floor. 

Closing Debate. 

It is proper for a deliberative assembly to adopt 
some measures for closing debate ; otherwise, lit- 
tle might be accomplished during a session. 

This right lies with the assembly, but should 
be used in a way to work no injustice. 

It may be done by adopting an order "limiting 
debate" upon a special subject, either as to the 
length or number of speeches, or by an order 
"closing debate" upon the subject at a stated 
time, when the question, with all subsidiary mo- 
tions, shall be put to vote. 

These two motions, to limit, and to close de- 



Debate and Decorum. 241 

bate, may be applied to an amendment to the 
main motion, or an amendment to the amendment, 
as well as to the entire question; at which time, 
after the amendment was put to vote, the original 
motion, or amendment, would be open to debate 
again. 

The debate may also be closed, and the vote 
forced, by the adoption of the order of the pre- 
vious question. A motion to close debate does 
not prevent further amendments, as the previous 
question does ; therefore, the former method is 
sometimes preferable, if the object is merely to 
stop the discussion. 

The right to debate is not cut off entirely until 
the negative vote is put by the chair. If, for any 
reason, a member desires to speak further to the 
question, and debate has not been limited, or 
closed, by an order of the assembly, he may rise, 
address the chair, and obtain the floor, after the 
affirmative vote has been taken. 

When the question is again put, the chair must 
take the affirmative, as though it had not been 
taken before. 

The question cannot be reopened in this way 
when the vote is by ballot, or by the yeas and 
nays. 

Decorum in Debate. 

During the discussion of a subject the mem- 
bers refer to the officers of the assembly by their 



242 Parliamentary Laze. 

official titles, and speak of other members so as 
to avoid using their names, as "the member on 
my right," "the member who spoke last," "the 
member from Ohio," or, "the Senator from New 
York," etc. 

If the presiding officer should rise to give in- 
formation, state a point of order, or, for any rea- 
son, the member speaking should immediately sit 
down, and remain seated until the chairman has 
finished. 

If the speaker has been called to order, he must 
sit down, and remain seated until the point of or- 
der has been dcided. If his remarks were de- 
clared to be improper, he may not proceed with- 
out leave of the assembly, expressed by vote. 

The motion to grant leave to continue does not 
admit of debate. The disorderly words of a 
speaker to which objection has been raised should 
be taken down by the member objecting to them, 
or by the secretary, then read to the offending 
member. If he denies them, then the assembly 
decides, by a vote, whether they were his words 
or not. 

If he does not justify his language, or apologize 
for the impropriety, the assembly should proceed 
in some proper manner to protect itself against a 
recurrence of the trouble. If the disorderly words 
involve another member, they both should leave 
the room while the assembly deliberates upon the 






Debate and Decorum. 243 

case. Xotice of such disorder must be taken 
down at once ; if other business intervenes, it be- 
comes too late to act upon them. 

A member should not reflect upon any act of 
the assembly, unless he intends to close his re- 
marks with a motion to rescind such action, or 
while debating a motion to rescind. 

He must not indulge in personalities of any 
kind. . 

A member occupying the floor when an ad- 
journment was taken has the right to it when 
the discussion is resumed. 

One rising to a question of privilege has the 
right to the floor over one claiming it for an or- 
dinary motion, or to take part in the debate. 

The assembly has no right, even by unanimous 
consent, to withhold the floor from one who has 
a right to it. The reason for this is plain. Such 
an act would be purely tyrannical, savoring of 
monarchical institutions, whereas, every deliber- 
ative body is a pure democracy. 

Each member has an equal right with every 
other member in all that pertains to the life and 
work of the body. 

No member should cross the floor between the 
speaker and the chair, talk, or whisper, so as to 
prevent other members from hearing what is be- 
ing done. 

The calling of "Question!" "Question!" is not 



^44 Parliamentary Lazv. 

in order, and in no way makes it incumbent upon 
the chair to put the question to vote. 

When the chair asks, "Are you ready for the 
question?" then the response of "Question!" is 
not out of place, as signifying the desire for it. 

In legislative, and some other bodies, the 
whole subject of debate is regulated by special 
rules, which supersede the general parliamentary 
practice. 

Rights of the Assembly. 

Every assembly has the inherent right to make 
and enforce its own laws, and to punish one who 
disregards them. The extreme penalty which it 
may impose is expulsion from membership. 

When such a course has been adopted the as- 
sembly may protect itself by stating publicly that 
the person is no longer a member of its body. 

It is not justified, however, in publishing the 
charges against the offending member. 

The assembly has the right, also, of deciding 
who shall be present at its meetings, and the duty 
of ejecting such debarred persons falls upon the 
presiding officer. 

In the pursuance of this disagreeable task he 
must not use more force than is absolutely neces- 
sary to remove them, for he alone is responsible 
for any injury that may result from such re- 
moval. 



Debate and Decorum. 245 

The assembly does not exceed its rights in pro- 
hibiting their presence. 

The assembly also has the right to investigate 
the character of its members. 

If a charge is made against a member, it may 
appoint a committee of investigation or disci- 
pline. Some permanent societies have a standing 
committee to which is referred all such cases. The 
report of this committee forms the basis for the 
trial of the accused member. 

The member should be allowed to speak for 
himself and to introduce witnesses, if he desires. 

The assembly can require any member to tes- 
tify, under penalty of expulsion. 

If the accused member is found guilty of con- 
duct deserving expulsion from the society, he 
should be expelled only upon a two-thirds vote of 
the whole membership, or, at least, a two-thirds 
vote of a quorum. 

Call of the House. 

Legislative assemblies must have the power to 
compel the attendance of absent members. This 
is done by means of the "Call of the House." 

It is seldom resorted to, except when a quorum 
cannot be obtained otherwise. 

When a call is ordered, the clerk calls the roll, 
alphabetically, noting those absent. Then he calls 



246 Parliamentary Lan>. 

the absentees, asking for excuses ; the door is 
locked, and no one is permitted to leave ; the prop- 
er officer is given an order to bring to the bar of 
the house such members as are absent without 
leave. He brings the absent members, under ar- 
rest, to the desk of the chairman, and makes his 
return. The chairman then arraigns each one 
separately, asking for their excuses. 

The member makes his defence, and a motion is 
made that he be discharged from custody and ad- 
mitted to his seat, without paying the fees, or 
after paying them. 

If the fees are assessed against him, he cannot 
vote, or be recognized by the chair, for any pur- 
pose, until after they have been paid. 



"Voting is the most important business, since 
it is the consummation of the work of a deliber- 
ative body. Courts, when litigation arises with 
regard to the passage of a measure, will look to 
see whether it lias been legally adopted in regular 
order, rather than to the previous disposition of 
subsidiary questions and rulings on points of or- 
der, though such minor matters will always be 
investigated, if the issue of the case requires it." 

Rufus Waples. 



Review Questions. 247 



REVIEW- QUESTIONS. 



"The confusion which must arise from any ir- 
regularity in the mode of putting amendments is 
often exemplified at public meetings, where fixed 
principles and rules are not observed. It would 
be well to become familiar with the rules, which, 
tested by long experience, are as simple and effi- 
cient in practice as they are logical in principle/' 

Palgrave. 



1. What is Parliamentary Law? 

It is the science of government of all organ- 
ized bodies. 

2. Into what two classes is it divided ? 
The General, or Common, and Special. 

3. Upon what is the Common law founded ? 

It is founded upon common sense, reason and 
established usage. 

4. What are the sources of common parliamen- 

tary law? 
The English Parliament, our National Con- 
gress, the State Legislatures, and necessary 
action in large assemblies. 

5. W nat are some of the fundamental principles 

upon which this system of law is based, and 
which are recognized by the courts ? 



248 Parliamentary Law. 

\ y 

The equality o,f membership ; free discussion ; 
government ~by the majority; the rule of 
one thing at a time ; and the general usages 
in the transaction of business. 

6. What is special parliamentary law? 

Rules adopted by a particular organization 
for its own use. 

7. Does the special supersede the general law ? 
Yes, in all points where it conflicts with the 

general law. 

8. What points are usually covered by special 

rules ? 
The appointment of meetings, regulations as 
to the election of officers, to fix the number 
necessary for calling the yeas and nays, the 
number constituting the quorum, limiting 
power of majorities, etc. 

9. How is parliamentary law applied? 
By means of motions. 

10. How are motions classified? 

There are four classes : Main, or Principal 
motions ; Subsidiary, Incidental, and Privi- 
leged motions. 

11. What is a Main, or Principal motion? 
The statement of a proposition for the consid- 
eration and action of the assembly. 

12. What are Subsidiary motions? 
Subsidiary, or Secondary, motions are those 



Review Questions. 249 

which assist in disposing of the main ques- 
tion. 

13. What are Incidental motions ? 

Incidental motions arise out of other ques- 
tions, take precedence of them, and must be 
decided before the questions from which 
they sprang. 

14. What are Privileged motions? 
Privileged motions are motions of urgency or 

necessity. 

15. How are motions brought before the assem- 

bly? 
A member rises, addresses the chair, and after 
he "has been recognized by the chair, pre- 
sents the motion in one of the following 
ways : 

"I move the adoption of the following reso- 
lution : 
"Resolved, That a vote of thanks be ten- 
dered to the Speaker for his most profit- 
able address." 
Or the briefer form: 

"I move that we purchase new chairs for 
this hall." 

16. Should all motions be seconded? 

Yes. unless they pertain to mere routine mat- 
ters. 

17. When a motion has been made, and seconded, 

what is the next step ? 



250 Parliamentary Law. 

It must be stated by the chair, in the follow- 
ing, or similar, form : "It has been moved, 
and seconded, that we purchase new chairs 
for this hall. Are you ready for the ques- 
tion ?" 

18. To whom does the motion now belong? 
Before it is stated it belongs to the mover and 

his second ; but after it has been stated it 
becomes the property of the whole assem- 
bly. 

19. What is the third step in the progress of a 

motion ? 
Putting it to vote, which is accomplished in 
the following manner : 

"The question is on the adoption of the mo- 
tion, 'That we purchase new chairs for 
this hall.' All in favor say aye." 
"All opposed say no." 

20. After the vote is taken in both the affirmative 

and negative, what remains to be done ? 
To announce the result of the vote, which 

may be done thus : 

"The ayes have it, and the motion is adop- 
ted" ; or, "The noes have it, and the mo- 
tion is lost.'' 

21. Are all motions and resolutions debatable? 
All main motions and resolutions are debat- 
able, and some of the subsidiary and privi- 
leged. 



Reznezv Questions. 2$l 

22. If a motion is not satisfactory, how can it be 

perfected ? 
By amending or modifying it. 

23. In how many ways may a motion be amend- 

ed? 
Three; by addition, by substitution, and by 
elimination. 

24. How many times may a motion be amended ? 
There is no limit to the number of amend- 
ments which may be made. 

25. How many amendments may be pending at 

one time ? 
Only two : an amendment to the main motion, 
and an amendment to the amendment. 

26. May there be amendments to different parts 

of a main motion at the same time? 
No. 

27. How many votes are required to adopt a mo- 

tion with two pending amendments ? 
Three : first, on the amendment to the amend- 
ment ; second, on the amendment as amend- 
ed ; and third, on the motion as amended. 

28. How many votes are required to adopt a mo- 

tion with substitute amendment ? 
Two : first, on substitute amendment ; then on 
motion as amended. 

29. How may an assembly decline to consider a 

motion which has been properly presented ? 
Either by objecting to its consideration, by 



252 Parliamentary Law. 

means of that incidental motion, or by the 
indefinite postponement. 

30. What is the result of the adoption of these 

motions ? 
The original main motion is suppressed for 
the entire session. 

31. How do the motions, Objection to Consider- 

ation, and Indefinite Postponement, differ? 
They differ in four ways : 

First. — The Objection must be made before 
the original motion has been debated ; the 
Indefinite Postponement may be moved 
at any time that no other Subsidiary mo- 
tion is pending. 

Second. — The Objection does not require a 
second, while the Indefinite Postpone- 
ment does. 

Third. — The Objection is not debatable, 
while the Indefinite Postponement opens 
up the merits of the whole question to 
debate. 

Fourth. — The Objection requires a two- 
thirds vote in the negative to sustain it, 
while the Indefinite Postponement is 
adopted by a majority. 

32. What two motions in parliamentary law are 

of equal value ? 
The indefinite postponement and the amend- 
ment to the main motion. 



Review Questions. 253 

33. If the assembly cannot investigate a question, 

what means does it adopt to effect its pur- 
pose? 
It refers the question to a committee, consist- 
ing of a small number, which investigates 
it for the assembly. 

34. How is a committee appointed? 
Either by the assembly or by the chair. 

35. Who is the chairman of the committee ? 
The person first named, unless he is appointed 

by the chair or the assembly, or elected by 
the members of the committee. 

36. How many kinds of committees are there ? 
Three : Committee of the Whole ; Select, or 

Special ; and Standing Committees. 
, 37. What is the quorum of a committee ? 

The quorum of Special and Standing com- 
mittees is always a majority; in Committee 
of the Whole it is the same as in the as- 
sembly. 

38. What is a Standing committee? - 

It is a committee appointed to serve during 
the life of the session, or for some stated 
time, as a year. 

39. Can a Standing committee appoint a sub-com- 

mittee ? 
Yes. 

40. Can a Standing committee recommend action 

by the assembly ? 



254 Parliamentary Lazv. 

Yes. 

41. What is a Select, or Special, committee? 

A committee appointed for some special ob- 
ject. 

42. How long does a Special committee endure? 
Until the object for which it was appointed 

is accomplished. 

43. How is a Special committee discharged ? 

It is discharged when it submits a full report 
of its work, or, when submitting a partial 
report, it may be discharged by a motion 
to that effect. 

44. Must the members of a committee meet to- 

gether before a report can be submitted ? 
Yes. There must be an actual meeting of a 
majority of the members. Communication 
by telephone is not such a meeting as the 
law requires. 

45. May the motion to refer to a committee be 

amended ? 
Yes. By substituting one committee for an- 
other ; by changing instructions ; by chang- 
ing number to serve on committee ; and 
as to the time it shall report. 

46. What is the effect of the adoption of the mo- 

tion to commit ? 
The main question is removed from before 
the house until the committee reports. 

47. May an assembly compel a committee to re- 



Review Questions. 255 

port when no time for reporting was stat- 
ed? 
Yes. Either Standing or Special. 

48. May a report be so amended by the assembly 

as to make the committee say what it did 
not say, or recommend a thing it did not 
recommend ? 
No. The report must stand as it was submit- 
ted by the committee ; but resolutions to be 
passed upon by the assembly may be 
amended. 

49. When is a motion to adopt a report in order ? 
If the report consists of facts stated, or work 

done, the report would be accepted. When 
the report closes with recommendations, 
then a motion must be made from the floor 
to adopt the recommendations. 

50. Who should make that motion ? 

The chairman, or member of the committee 
who reads the report, should move its adop- 
tion before he takes his seat. 

51. If diere is a minority report submitted, how is 

it treated? 
When the question has been stated on the re- 
port of the committee, before the vote is 
taken, the Minority may ask leave to pre- 
sent its report. If this is granted by the 
assembly, the Minority report is read, and 
moved as a substitute for the Majority re- 



256 Parliamentary Law. 

port. It is then in the nature of an amend- 
ment to the report of the committee, and 
must be voted on first. 

52. What is the Committee of the Whole? 

It is the whole assembly, resolved into a com- 
mittee for the consideration of some par- 
ticular question. 

53. How is its chairman appointed? 

When the motion is made that the assembly 
do resolve itself into a Committee of the 
Whole, the chairman is usually designated. 

54. W^hat two kinds of Committees of the Whole 

are in the National Congress? 
The Committee of the Whole House, which 

takes into consideration private bills only, 

and sits on Fridays. 
The Committee of the Whole on the State of 

the Union, which may sit on any day, and 

has charge of all public bills which require 

appropriation of money or property of the 

United States. 

55. What advantage does it carry? 

The rules of debate of the House do not gov- 
ern, and one may speak as often as he can 
obtain the floor. 

56. W'hat motions may be made in Committee of 

the Whole? 
Only to amend, to adopt, to rise and report, 



Reviezv Questions. 257 

and to recommend any disposition of the 
question thought desirable. 

57. What advantage has the Committee of the 

Whole for voluntary assemblies? 
It sometimes enables the friends of a resolu- 
tion to secure a better chairman, prevents 
the debate from being stopped by the order 
of the previous question, prevents the ques- 
tion from being suppressed by laying it on 
the table, and secures full discussion. 

58. Are the proceedings entered on the record of 

assembly ? 
No. They are kept on a separate record, 
and only the report as made by the chair- 
man is entered on the assembly's minutes. 

59. In what other ways may the consideration of 

a question be delayed? 
By postponing it to a certain time, and by 
laying the question on the table. 

60. What is the effect of postponing a question 

to a definite time ? 
If the motion is adopted, the main question 
is removed until the time to which it is 
postponed ; but if the motion to postpone is 
lost, the main question resumes its origi- 
nal place. 

61. To what time may a question be postponed? 
To any time during the present session, and to 

the next succeeding session, where the ses- 



258 Parliamentary Laze. 

sions are held at frequent intervals. There 
seems no reason, in the latter case, why it 
cannot be postponed to a meeting beyond 
the next succeeding session. In practice 
it is done. 

62. What is the purpose of the Previous Ques- 

tion? 
To close debate and to bring the question to 
an immediate vote. 

63. Is it debatable ? 

No ; and it requires a two-thirds vote to adopt 
or order it. 

64. To what motions may it be applied? 
To all motions that are debatable. 

65. What is the form ? 

"I move the Previous Question" ; or, "I call 
for the Previous Question." 

It is stated thus : "The Previous Question 
has been moved and seconded. Shall the 
debate be closed, and the vote taken? All 
in favor, rise, and stand until counted." 

"All opposed, rise." 

"There are two-thirds voting in the affirma- 
tive. The Previous Question is ordered." 

66. May its effect be limited to one or more of 

the pending motions ? 
Yes. It may be ordered on one amendment, 
or on both amendments, and stop at the 
main motion. 



Reviezv Questions. 259 

67. If the Previous Question is ordered when the 
main motion, two amendments, and a mo- 
tion to commit is pending, what does it 



cover 



? 



The effect is not exhausted until all of the 
motions are put to vote, without discus- 
sion. 

68. When ordred on motions to Postpone, Defi- 

nite and Indefinite, and motion to Recon- 
sider, what is the effect ? 
Its effect extends only to the particular mo- 
tion, and does not cover the main motion. 

69. What is the function of the motion to lay on 

the table ? 
To lay a question aside, temporarily, in such 
a way that it may be taken up again at any 
time by a majority vote. 

70. Is it debatable or amendable? 

No. It is already in the simplest form. 

71. What is the effect when adopted? 

It takes the main motion, with all adhering 
amendments and subsidiary motions, to the 
table. 

72. May an amendment be laid on the table ? 

No. An amendment cannot be separated 
from the motion it modifies. 

73. If a question is laid on the table, and not 

taken up inside the time limit, what is the 
effect? 



260 Parliamentary Law. 

The effect is the same as though the question 
had been suppressed by an objection, or in- 
definite postponement; and if brought up 
again, must be presented as new business. 

74. When a question is laid on the table, how 

long may it lie there, subject to call? 
During the same and the next regular meeting. 

75. May a motion be laid on the table for a 

month ? 
No. That is really definite postponement, 
which is debatable, and is a motion of lower 
value than to lay on the table. 

76. What is the motion to lay on the table subject 

to call ? 
It is the same, in all respects, as the motion to 

lay on the table, except that it may be called 

for at any time without the formality of a 

vote. 
yy. How is a motion taken from the table? 

By a motion, "That the question be taken 

from the table." 

78. Does that motion have any privilege? 

No. It can be made only when no other ques- 
tion is pending. 

79. If the previous question is pending, may the 

main question be laid on the table ? 
Yes. 

80. If the previous question has been ordered, 

may the main question be laid on the table ? 



Review Questions. 261 

Yes. The motion to lay on the table is higher 
in value ; therefore, the lower motions yield 
to it. 

81. What is the effect when a motion goes down 

under the order of the previous question ? 
It comes up exactly as it went down, subject 
to the order of the previous question, and 
must be put to vote without discussion. 

82. What is the effect on the question if the mo- 

tion to lay on the table is lost? 
The pending question immediately resumes its 
place. If any subsidiary motions were 
pending, they are considered in their or- 
der. The motions to postpone and to com- 
mit are lost in the higher motion to lay on 
the table, if it is carried; but, otherwise, 
regain their places, and must be consid- 
ered in their order. 

83. When may a motion to take from the table, 

or a call to take up the question, be made? 
Any time after other business has intervened, 
when there is no pending question, during 
the meeting at which it was laid aside, or 
at the next regular meeting. 

84. What are incidental motions ? 

They are motions arising out of other ques- 
tions, and must be decided before the ques- 
tion from which they sprang. 



262 Parliamentary Law. 

85. Are they debatable? 

They are all undebatable, except the appeal. 

86. How many require a two-thirds vote ? 

Two : To Suspend the Rules, and the Objec- 
tion. 
Sy. To what rules does the motion to Suspend the 
Rules refer? 

To the rules of order, or standing rules ; never 
to the by-laws, unless they contain a pro- 
vision to that effect. 

88. May the Constitution be suspended? 
Never. It is the foundation upon which the 

whole structure stands, and if it were sus- 
pended, the organized body would cease 
to exist. 

89. May the motion to suspend the rules be re- 

newed the same day? 
Not for the same purpose. 

90. Must the motion be accompanied by the rea- 

son for wanting them suspended? 
Yes. Always. 

91. When is the motion "to withdraw a motion" 

useful? 
When the mover feels that it would be wiser 
to withdraw it than to have it defeated or 
deferred in some way. 

92. May it be withdrawn by silent assent? 
Yes. But if there is one objection, the vote 

must be taken in the usual way. 



Review Questions. 263 

93. May a motion be withdrawn after it has been 

amended ? 

Only by unanimous consent. 

94. May a motion ever be divided? 

Yes. By means of the motion, "to Divide a 
Motion,'' when it contains two or more 
propositions, any one of which, taken away, 
will leave a proposition capable of standing 
alone. 

95. Will this motion admit of amendment? 
Yes. It may be amended so as to divide the 

resolution differently. 

96. What is the purpose of the motion to Read 

Papers ? 
It is used to bring before the assembly papers 
bearing upon the question under consider- 
ation. 

97. May a member demand the reading of any 

paper as a right ? 
The only paper which he has a right to have 
read is the resolution, or paper, upon which 
he is asked to vote. That right is limited 
to a reasonable number of times. 

98. What two classes of papers does the motion 

cover ? 
The papers under consideration, and the pa- 
pers not under consideration, but which 
have a bearing on the subject, 



264 Parliamentary Lazv. 

99. When a member asks to read a paper, may 

the chair give consent? 
The chair may say, "If there is no objection, 
the paper may be read" ; but if one objects 
it must be put to vote. 

100. When is the Objection to the consideration 

of a question raised? 
The proper time is just after the main mo- 
tion has been stated by the chair, altho it 
is the practice to raise it as soon as, or 
before, it is seconded. 

101. Does the objection require a second? 
No. 

102. What are some of its peculiarities? 

It is the only motion in parliamentary pro- 
cedure sustained by a negative vote. 

It is not debatable, and cannot be made after 
the question objected to has been dis- 
cussed. 

It requires a two-thirds vote in the negative 
to sustain it. 

103. Why is it carried by the negative? 
Because all motions must be put in the af- 
firmative form, and the vote taken in the 
affirmative, first. This is really asking 
whether the question shall be considered, 
and the form of putting the objection is 
affirmative. 

104. What is the form? 



Review Questions. 265 

"The consideration of the question is ob- 
jected to. Shall the question be consid- 
ered?" 

"All in favor rise, and stand until counted." 

"All opposed, rise." 

105. If there is a majority in the affirmative, what 

is the result? 
The objection is not sustained, and the ques- 
tion will be considered. Raising the ob- 
jection has had no effect on it. 

106. If less than one-third vote in the affirmative, 

what is the result? 
The question will not be considered; and 
since there are two-thirds voting in the 
negative, the chair says the objection is 
sustained. 

107. Does the objection apply to all motions? 
Only to .the main motion, and when it is first 

presented. 

108. What is the effect when it is sustained? 
The main motion is suppressed, or thrown 

out, for the entire session. 

109. When may a member appeal from a decision 

of the chair? 
A decision of the chair may be appealed 
from on a point 6f order, a question of 
privilege, an interpretation of the rules, 
a decision as to a difference between mem- 
bers, etc. 



266 Parliamentary Law. 

no. Must an appeal be seconded? 

Yes. There must be always two against the 
chair. 

111. Is an appeal debatable? 

Generally, but not when it relates to priority 
of business, to indecorum, to a transgres- 
sion of the rules of speaking when an un- 
debatable question is pending, or when the 
main question has been ordered. 

112. How many times may a member speak to an 

appeal ? 
But once. 

113. May the chair state the reasons for his de- 

cision ? 
Yes. He should always do so for the infor- 
mation of the members. 

114. Should he leave the chair to speak on an 

appeal ? 
No ; but he must stand while speaking. 

115. May the previous question be ordered on an 

appeal ? 
Yes, when debatable. 

116. May it be laid on the table? 

Yes ; but that has the effect of sustaining the 
chair. 

117. May other dilatory motions be applied to it? 
They all have the same effect of sustaining 

the chair, and are, therefore, useJess. 



Review Questions. 267 

118. If the vote is a tie, what is the result? 
The decision of the chair is sustained. 

119. May the chair vote on an appeal? 

When the presiding officer is a member of 
the body he can never be deprived of his 
right to vote. 

120. May the chair vote and make a tie? 

Yes. He may vote with the affirmatives, 
make a tie, and in that way sustain his 
own decision. 

121. How can the principle of a tie vote sustain- 

ing the chair be justified? 
On the ground that the chair must decide 
certain questions, and when his decision is 
rendered it must stand, unless overthrown 
by a majority vote. A tie vote lacks one 
of being a majority. 

122. May the vote on an appeal be reconsidered ? 
Yes. 

123. What gives rise to a point of order? 

Any infringement of the rules of the assem- 
bly, or interference with the comfort of 
the members. 

124. W T ho may raise the question of order? 

It may be raised by any member, or by the 
chair. 

125. What is the usual form ? 

"Mr. President : I rise to a point of order." 



268 Parliamentary Law. 

126. Does it require a second? 
No. 

127. May it be discussed? 

No ; except to give information to the chair, 
and that must be given without taking the 
floor. 

128. How does the raising of a question of order 

affect the offending member? 
He must sit down, if he has been speaking, 
and all proceedings must stop until the 
question is decided by the chair. 

129. Who may appeal from the decision? 

The member raising the point, the one 
against whom it was raised, or any other 
member. 

130. May the point of order be raised when an- 

other member has the floor ? 
Yes. 

131. May the chair ever decide a point of order 

without submitting to an appeal ? 
Yes. When the assembly is dividing on a 
question, an appeal is held to be out of 
order ; also when an appeal is already 
pending, if a question of order is raised, 
the chair must decide it arbitrarily. 

132. What are Privileged Motions? 

They are questions of such urgency or ne- 
cessity as to command immediate atten- 
tion, regardless of pending business. 



Review Questions. 269 

133. Are they debatable? 

No. High privilege is incompatible with de- 
bate. 

134. What seeming exceptions are there to this 

rule ? 
The questions of privilege are debatable aft- 
er they have assumed the form of motions, 
for then they resemble a main motion in 
several respects. 

135. When may one call for the Order of the 

Day? 
Whenever the hour has arrived set for some 
particular question, or when the program 
has been announced, and the time for its 
performance has come. 

136. Does the call for the Orders of the Day re- 

quire a second ? 
No. It is one of three motions which do not. 

137. What is the duty of the chair when this call 

is made ? 
To proceed at once to the regular order, or 
to put it to vote for the members to decide 
if it shall be taken up. 

138. What two kinds of orders? 
General and Special orders. 

139. What are General orders? 

General orders cover the regular order of 
business, and any matters postponed from 



Parliamentary Law. 



the preceding meeting, which come under 
the head of unfinished business. 

140. How are General orders made? 

Either by the postponement of a question 
from the previous meeting, or by making 
them a part of the program of the meet- 
ing. 

141. How are Special orders made? 

By setting a fixed hour for a certain ques- 
tion, or by postponing it from a preceding 
meeting to a certain fixed hour. 

142. Does this require a two-thirds vote? 

Yes, if considering it at that hour interferes 
with the regular order of business of the 
society. 

143. When a Special order is made, and is called 

up, how may it be disposed of? 
When the matter of the Special order has 
been called for at the designated hour the 
Order has been satisfied, and the question 
covered by the Order may be disposed of 
in any way : postponed, laid on the table, 
referred to a committee, made the subject 
of another Special order, etc. 

144. When the Special order is called up, to what 

motions does it yield ? 
Only to those above it on the diagram, and 
the motion to enter a Reconsideration on 
the minutes. 



Review Questions. 2/1 

145. If not called for at the specified hour, what 

is the result? 
It loses its place, and if not called for under 
the head of unfinished business, drops out 
entirely. 

146. When a Special order is made, but the hour 

to consider it is not named, when is it 
called for? 
Immediately after the reading of the min- 
utes. 

147. Are Special orders useful? 

They are not only useful, but necessary, con- 
venient, and frequently used in legislative 
bodies. They are generally the subject of 
special rules. 

148. What are questions of privilege ? 

Those affecting the rights of the assembly, 
or of the individual members. 

149. May a question of privilege interrupt a 

speaker ? 
Yes, if of great importance, and demanding 
immediate action. 

150. Who decides whether it is privileged? 
The chair, subject to appeal. 

151. Is it debatable? 

When it has assumed the form of a motion. 

152. To what do these questions usually refer? 
To the condition of the hall, censuring own- 
er or janitor for neglect, credentials of 



272 Parliamentary Law. 

members, tampering with the records, ex- 
tending vote of thanks to officers and oth- 
ers, presenting invitations, quarrels be- 
tween members, noise or other disturbance 
interfering with the proceedings, charges 
against official character of members, etc. 

153. May questions of privilege, after becoming 

motions, be deferred, or otherwise dis- 
posed of? 
Yes ; but when deferred by the application of 
any subsidiary motion, they lose their 
privileged character, and when brought 
back are considered as any other motion. 

154. What is the object of the motion to take 

Recess ? 
To provide for a limited adjournment. 

155. When is it in order? 

At any time that a motion to adjourn would 
be in order, and when the two higher mo- 
tions are not pending. 

156. If made when no other question is pending, 

is it debatable ? 
Yes ; and also amendable. It becomes, in 
fact, an ordinary main motion. 

157. When is the motion to adjourn in order? 
At all times, except when a member is speak- 
ing from the floor, when the chair is stat- 
ing a question or putting it to vote, dur- 
ing the verification of a vote, and if the 



Review Questions. 273 

motion to fix time and place is not pend- 
ing. 

158. When the motion to adjourn has been made, 

are any other motions or business ever in 
order? 
Yes ; the motion to fix time and place, if they 
have not been arranged for. A question 
of privilege may be presented, point of or- 
der raised, parliamentary inquiries pro- 
pounded, the method of fixing the vote on 
it be decided, the motion itself may be 
withdrawn, and a motion to enter recon- 
sideration on the minutes may be made. 

159. When is an assembly adjourned? 

Not until the vote on the adjournment has 
been taken, the result announced, and the 
assembly declared adjourned by the chair. 

160. When business has been interrupted by ad- 

journment what is the effect ? 
When the assembly holds frequent regular 
meetings, it holds over as unfinished busi- 
ness to the next meeting. In case of ad- 
journment during a convention, the busi- 
ness interrupted comes up immediately 
after the reading of the minutes at the 
next meeting. When the assembly holds 
but one meeting a year, or at infrequent 
intervals, all unfinished business falls to 
the ground. 



274 Parliamentary Lazv. 

In boards of directors, and other commit- 
tees, where the terms of all or a part of 
the members expire, the business inter- 
rupted by adjournment fails entirely. 

161. When is the motion to fix the time and 

place to which to adjourn a privileged mo- 
tion? 
When adjournment is imminent, and the 
time and place of the next meeting have 
not been arranged for. 

162. Is it then debatable? 

No ; but it may be amended. 

163. Is it ever an ordinary main motion? 
Yes, if made when no other motion is pend- 
ing, and is then subject to all the rules of 
the main motion. 

164. Is it in order, after motion to adjourn has 

been made ? 
Yes ; and after the vote on it has been taken, 
if the vote has not been announced. 

165. What questions are in order when this mo- 

tion is pending? 
The same ones that are in order when the 
motion to adjourn is pending. 

166. Does the motion to adjourn become a main 

motion, and debatable, when no question is 
pending ? 
No. It never is debatable, and never loses 
it? privileged character, 



Reviezv Questions. 2J$ 

167. What is its real object? 

To prevent the assembly from being held in 
session against its will. 

168. May it then be frequently renewed? 

Yes; after any intervening business — even 
progress in debate. 

169. Are there other motions besides the four 

classes on the diagram? 
Yes. A few miscellaneous ones. 

170. What is the object of the motion to Ratify? 
To confirm some action previously taken. 

171. Is it debatable? 

Yes; and opens the question to be ratified 
to debate. 

172. What is the object of the motion to Re- 

scind ? 
To annul some action previously taken. 

173. When is it generally used? 

When it is too late to reconsider the vote by 
which the question was adopted. 

174. Is it debatable? 
Yes. 

175. Is it good practice to rescind a motion and 

expunge it from the record? 
No. Such defacing of past records is never 
justifiable. 

176. When is it in order to close nominations? 
When every member has had the opportu- 



2j6 Parliamentary Law. 

nity of nominating his candidate ; not be- 
fore. 

177. What kind of vote is required to take up a 

question out of its proper order? 
A two-thirds vote, as it is a virtual suspen- 
sion of the rules. 

178. Are the motions to limit, extend, or close 

debate, debatable? 
No. They may not be debated, but they may 
be amended, and they require a two-thirds 
vote to adopt. 

179. What motions may be renewed? 

All of the Subsidiaries, except the amend- 
ments; all the Incidentals, except to sus- 
pend the rules for the same purpose ; and 
all the Privileged motions, except the call 
for the orders of the day, after being de- 
feated, may be renewed at the same meet- 
ing, when the state of affairs has been so 
altered as to really make it a new ques- 
tion. 

180. May a motion which has been withdrawn be 

renewed ? 
Yes ; for the assembly took no action upon it. 

181. When may the vote by which a motion was 

adopted or rejected be reconsidered? 
Any time during the same and the next suc- 
ceeding meeting. 

182. Who makes the motion to Reconsider? 



Review Questions. 2JJ 

A member who voted on the successful side. 
That may be either the affirmative or the 
negative. 

183. Is the motion to Reconsider debatable? 
Yes ; if the motion, the vote on which is 

sought to be reconsidered, was debatable ; 
otherwise, not. 

184. What is the effect when it prevails? 

The original motion is brought back in ex- 
actly the same condition that existed be- 
fore the vote on it was taken. 

185. May it then be disposed of in any other way 

than by taking the final vote? 
Yes. It may be deferred, referred, etc. 

186. If a member had exhausted his right to de- 

bate before the vote was taken, could he 
still discuss it when reconsidered? 
No. It is in exactly the condition that it 
was before, as regards debate and other 
things. 

187. If the previous question had been ordered, 

what is the effect of Reconsideration? 
If the effect of the previous question had 
been exhausted before the vote was taken, 
it is divested of its effects when reconsid- 
ered ; but if the previous question was not 
exhausted, then the main motion would 
still be under the order, and the vote on it 



278 Parliamentary Law. 

the second time must be taken without de- 
bate. 

188. To what motions may the motion to Recon- 

sider be applied ? 
To all motions, except those which go into 
effect at once, viz. : To adjourn ; an af- 
firmative vote to lay on the table ; an af- 
firmative vote to take from the table; to 
suspend the rules ; and an election to office 
of one who is present and does not decline. 

189. What motions may be applied to it? 

The prevous question, when debatable ; to 
lay on the table ; and to postpone to a cer- 
tain time. 

190. When it is laid on the table, do the original 

questions go with it? 
No; and when laid on the table it is never 
taken from the table. 

191. To what time is its suspensive effect limited? 
To the session, when holding daily meetings, 

and to the close of the next regular meet- 
ing, or to the close of an adjourned meet- 
ing, if held on a different day. 

192. Can a question be reconsidered the second 

time ? 
Yes ; if it was amended when first recon- 
sidered. 

193. To what motions does the motion to Recon- 

sider yield? 



Review Questions. 2JQ 

To all Incidental and Privileged motions, 
except the Orders of the Day, if it was 
made when no other business was pend- 
ing. 

194. What is meant by having Reconsideration 

entered on the minutes ? 
That is a highly privileged motion, which 
ma)' be made without a second, when an- 
other member has the floor. The chair 
directs the secretary to enter it on the min- 
utes. 

195. Who may call for it after it has been entered 

on the minutes? 
Any one may call for it, when no business 
is pending, at the same meeting. Only the 
mover, at the next meeting. 

196. When called for, after having been entered 

on the minutes, to what does it then yield ? 
Only to the motion to adjourn, and to fix 
time and place to which to adjourn. 

197. When called for, how may it be treated? 

As any other motion; and if interrupted by 
adjournment, holds over as unfinished 
business. 

198. Wliat effect has the motion upon the ques- 

tion sought to be reconsidered ? 
It is held in abeyance until the motion to Re- 
consider is disposed of. 



280 Parliamentary Law. 

199. May a motion to Reconsider be made in a 

committee ? 
Only when all the members who voted on 
the prevailing side are present. It is not, 
however, limited as to time. 

200. What is the most important act of any as- 

sembly ? 
Voting. 

201. In how many ways may a vote be taken? 
Six : Silent assent, used in routine matters ; 

by voice ; by raising hands ; by standing ; 
by roll-call or ballot ; and by the yeas and 
nays. 

202. What is the purpose of the ballot vote? 
To secure secrecy. 

203. What advantage has the yeas and nays ? 
In taking a vote by yeas and nays, the name 

of each member, and the manner of vot- 
ing, is entered on the minutes. The rec- 
ord of each vote is thus preserved for fu- 
ture reference. 

204. When a vote is taken by ballot, and is not 

unanimous, may it be made so by a motion 
to that effect ? 
No. The record must show the result of the 
ballots, which constitute the vote. 

205. Is the motion that the secretary cast the bal- 

lot for the candidate proper ? 
It is used a great deal, but all authorities 



Reviezv Questions. 281 

agree in saving that it is a violation of the 
spirit and letter of the principle upon 
which the ballot vote is based, and should 
be declared out of order by the chair. 

206. How else may it be defeated? 

It can be used only by unanimous consent, 
and one objection would defeat it; but no 
member likes to publicly object, as it 
makes him appear to object to the candi- 
date. 

207. Can one vote by proxy ? 

Only as provided by special rule. 

208. What is the casting vote? 

It is the vote cast by the chair in case of a 
tie. 

209. Can the presiding officer always vote ? 

He has no vote when not a member of the 
assembly, unless the privilege is given him 
by special rule. 

210. What is a quorum? 

It is the number of members legally compe- 
tent to transact business. 

211. What is a common law quorum? 
A majority. 

212. What is the quorum of legislative assem- 

blies, generally ? 
A majority. 

213. When less than a quorum is present, may 

any motions be made? 



282 Parliamentary Law. 

None, except the motions to adjourn. 

214. May the debate continue? 

Yes ; but no vote can be legally taken. 

215. If the absence of a quorum is not noted? 
That makes no difference so far as the legal- 
ity of the vote is concerned. If it is found 
later that no quorum was present, the vote 
could be declared illegal. 

216. What is the quorum of a committee? 
A majority. 

217. Of a Committee of the Whole? 
The same as of the assembly. 

218. How many kinds of assemblies? 

Three : Voluntary, Representative, and Le- 
gal. 

219. What are Voluntary assemblies? 

An organization of persons voluntarily come 
together for some specific purpose. 

220. How do they differ ? 

They may be cither occasional or permanent. 

221. Define each. 

The occasional assembly is one organized 
for some purpose specified in the call, gen- 
erally of local interest. When the pur- 
pose is accomplished the organization 
ceases to exist. 

A permanent assembly is one which meet?; 
at certain regular times fixed by its con- 



Review Questions. 283 

stitution, by a statute, or by the consti- 
tution of the State. 

222. What is a Representative assembly ? 

One whose members are delegates from low- 
er, or branch bodies. 

223. What are Legal assemblies? 

They are created by law, or by the operation 
of law. Their members are elected, or 
appointed, according to the provision of 
the law creating them. 

224. W T hat two kinds of organization as to time? 
Temporary and permanent. 

225. When is a Temporary organization suffi- 

cient ? 
When the members are called together for 
some single act. 

226. By what is a Permanent organization pre- 

ceded ? 
By a Temporary organization ; and the two 
are known as Double organization. 

227. May any business be transacted under the 

Temporary organization when a Perma- 
nent organization is contemplated? 
Nothing whatever, except the preliminary 
business necessary to complete the Per- 
manent organization. 

228. When is Dual organization necessary? 
When the assembly is composed of two 

branches. 



284 Parliamentary Law. 

229. When is the constitution and by-laws adop- 

ted? 
Usually at the second meeting, at which the 
committee which was appointed at the 
first meeting- reports. 

230. What is the manner of their adoption? 
They are read first by the chairman of the 

committee, or the secretary ; then the chair 
directs the secretary to read the first arti- 
cle, and asks for amendments. If there 
are any, they are acted upon. Then he 
calls for the second article, and asks for 
amendments ; and so on, until all the arti- 
cles have been considered. Then the sec- 
retary is directed to read the whole con- 
stitution as amended. Amendments are 
then asked for to any part of it. The vote 
is put upon it as a whole. The by-laws are 
treated in the same way. 

231. What should a constitution contain? 

Only the essentials of organization : name, 
object, qualification of members, officers, 
executive committee, annual meeting, and 
provision for amendment. 

232. What should be in the by-laws ? 

All the details of the organization which are 
too important to be left to the will of- the 
majority at any meeting. 

233. How should both be amended ? 



Review Questions. 285 

By a two-thirds vote, after previous notice, 
given in writing. 

234. What are Standing Rules? 

They are resolutions of a permanent nature, 
adopted by a majority at any regular 
meeting. 

235. May they ever conflict with the constitution 

or by-laws ? 
No. If they should, they are null and void. 

236. What are Rules of Order ? 

The regular order or program of business 
adopted by the assembly. 

237. How are officers usually elected ? 
By ballot, or secret vote. 

238. May nominations be made from the floor ? 
Always, unless the constitution or by-laws 

explicitly state that they shall be made 
only by a committee appointed for that 
purpose. 

239. How are skeleton resolutions filled? 
By nominations. 

240. Are nominations voted on one at a time ? 
No. The only fair and just way is for them 

to be voted on all together, either by bal- 
lot, division, or some other way which 
gives no advantage to the first ones 
named. 

241. What is the purpose of the Informal ballot? 
Either to test the strength of the rival can- 



286 Parliamentary Lazv. 

didates, before proceeding to the real vote, 
or to secure names for candidates. 

242. Is it ever in order to make the informal bal- 

lot the formal ballot, by motion? 
No, if the rules of the assembly call for a 
ballot vote. 

243. What officers are essential to every organi- 

zation ? 
A president, to direct the deliberations, and 
a secretary, to record the action taken. 

244. May there be other officers ? 

Yes. Each organization provides for its 
own nee.ds. 

245. What are the duties of the officers? 

They are always enumerated in the special 
rules. 

246. Who keeps the Minutes of the assembly ? 
The Secretary ; but they are open to inspec- 
tion bv the members at all times. 

247. How may a member be punished for vio- 

lating the rules of the organization ? 
By censure, and, in extreme cases, by expul- 
sion from the society. 

248. Has the assembly the right to investigate the 

character of its members ? 
Yes. 

249. What is the Call of the House ? 

It is the method used by legislative assem- 



Review Questions. 287 

blies to enforce the attendance of absent 
- members. 
250. If fees are assessed against them, what is 
the effect ? 
They cannot vote, and are not recognized by 
the chair for any purpose until the fees 
are paid. 



"The rules of the assembly may be so abused 
as to create disaster and impede business, instead 
of facilitating it. In such event, the chairman 
may decline to accept any dilatory or obstruction- 
ist motions, and put only such motions as will 
expedite business." Ainsworth. 



INDEX. 

PAGE 

Adjourn, motion to 126 

effect on unfinished business 128 

to fix time or place to which to 129 

renewal of motion to 139 

Amendment 34 

by addition 37 

by elimination 4° 

by substitution r . 42 

number of 36 

to constitution 185 

to by-laws 186 

negative 36 

to amendment 46 

Appeal from decision of chair 108 

form of no 

Assembly, organization of 170 

kinds of 171 

right to punish members 245 

right to eject persons from room. 245 

Ballot, voting by 163 

Blanks, filling 213 

Business, effect of adjournment on - . 128 

By-laws 199 

amendment of 186 

model form of 199 

what they should contain 195 

Call of the house •. 246 

Casting vote 167 



290 Index. 

. PAGE 

Chairman, duties of 217 

temporary 176, 183 

of a committee 58 

right to vote 219 

of committee of the whole 73, 74 

Change of vote, when allowed 158 

Classes of motions 20 

main or principal 20 

subsidiary 20 

incidental 21 

privileged 21 

Clerk, see secretary: 

Closing debate 241 

Commit, motion to ■ 53 

Committees, standing 53 

select or special 53 

of the whole 71 

credential 189 

nominating 187, 211 

quorum 56. 1 67 

reports of 58, 59, 60 

form of motion 54 

minority report 67 

meeting of 56 

appointing 55 

Consent, unanimous • 168 

silent, or common consent 155 

Consideration, objection to 104 

form of objection 106 

two-thirds vote 107 

Constitution, essentials 193 

model form 197 

adoption of 184 

Convention, organization o-f. . .' 187 

Credentials of delegates h 188 



Index. 291 

PAGE 

Debate, principles of 234 

right to 237, 239 

disorderly words 242 

limiting 237 

closing 240 

Delegates .. 188 

Diagram of motions 9 

Division of question 100 

form of motion 101 

assembly 158 

Duties of officers: 

president • 217 

secretary 221 

treasurer 228 

chairman of committee. . .55. 58, 59 

Election of officers 208 

Ex-omcio . 221 

Equality of membership 14, 28 

Expunge from record 135 

Explanation, personal ". . 124 

Fix time to adjourn , 129 

Forms 22 

Forms, see list of motions: 

Incorporation 192 

Informal ballot 216 

consideration 75 

Incidental motions 21, 96 

to suspend the rules 97 

to withdraw motion 99 

to divide motion 100 

to read papers 103 

objection 104 

appeal 109 

points of order 107 

Indefinite postponement 32 



292 Index. 

Journal, see minutes: page 

Lay on the table m 33 

subject to call Q2 

Limiting debate • 237 

Majority controls ,. I4 

Meeting, kind of . H 22 , 

Members, rights of 2g 

Minutes, form of [[ ] 226 

essentials 22 . 

correction of jg , 

committee of the whole 7I 

Minority report 5- 

Miscellaneous motions I32 

to ratify l y 2 

to close nominations 135 

to rescind !33 

to reconsider 14! 

to take up out of order... 136 
to limit, close, or extend 
debate 137 

to renew a motion i?8 

Motion 

Motions, list of, and forms: 

main or principal 20 

to postpone indefinitely ^2 

to amend ,. 

to amend the amendment 4 6 

to commit 

o3 

to postpone to definite time 77 

the previous question g 

to lay on the table $% 



subject to call g 2 

les 97 

)n 99 

100 

to read papers I0 , 



to suspend the rules g? 

to withdraw motion on 

to divide motion IOO 



Index. 293 

PAGE 

Motions, the objection 104 

appeal 108 

points of order 107 

orders of the day 115 

questions of privilege 120 

to take recess 125 

to adjourn 126 

to fix time and place to adjourn 129 

miscellaneous motions, see above. 

Nominations. 206- 

Obtaining the floor 23, 29 

Officers, election of 206 

necessary 176 

temporary 176 

right to vote 218, in, 157 

presiding 217 

Order of business 204 

points of 107 

Orders of the day 115 

Organization of occasional, or mass meeting 171 

temporary 174 

permanent society 173, 180 

convention 187 

legislative bodies 189 

double 173 

dual 174 

Papers, reading of 103 

in custody of secretary 222 

Parliamentary law, its origin 17 

inquiries 149 

Postpone to definite time yy 

indefinite time 32 

Preamble of constitution 197 

Presiding officer 217 

Previous question , 80 



294 Index. 

PAGE 

Privileged questions, or motions 21 

Privilege, questions of 120 

Quorum, common law 168 

committee 56 

committee of the whole 71 

raising question of 168 

Ratify, to 132 

Read papers, to 103 

Recommit 59 

Recess, to take 125 

Record, see minutes: 

Recognition by chair 29 

Reconsider, to 141 

subsidiary motions 144 

in committee 145 

who may move 143 

enter on minutes 142, 146 

Resolution 27 

Rescind, to 133 

Renewal of motion 138 

Reports, treasurer's 231 

auditor's 232 

committee 59 

Rules, of order 196, 204 

to suspend 97 

special 18. 19 

Seconding motion 24, 25 

Secretary, duties of 221 

election of 175. 1S0 

Session ^s 

Special orders 115 

Standing rules I9 5 

Stating a question 24 

Subsidiary motions 20 

Substitute amendment 42 






Index. 295 

PAGE 

Sub-committee 56 

Suspension of rules 97, 196 

by-laws 195 

constitution 194 

Tellers, appointment of 164, 212 

Table, to lay on 88 

to take from 91 

Treasurer 228 

Trial of members 245 

Two-thirds vote 152 

Voting, methods of 151 

decision of points of order during 268 

effect of a tie 157 

plurality 152 

Whole, committee of 71 

on State of the Union 74 

Withdrawal of a motion 99 

Yeas and nays 160 

Yielding the floor 29, 240 



W*i 






